LAPD records show that Dorner's disciplinary panel heard from several witnesses who testified that they did not see the training officer kick the man. The panel found that the man did not have injuries consistent with having been kicked, nor was there evidence of having been kicked on his clothes. A key witness in Dorner's defense was the man's father, who testified that his son told him he had been kicked by police. The panel concluded that the father's testimony "lacked credibility," finding that his son was too mentally ill to give a reliable account.
Dorner's case revolved around a July 28, 2007, call about a man causing a disturbance at the DoubleTree Hotel in San Pedro. When Dorner and his training officer showed up, they found Christopher Gettler. He was uncooperative and threw a punch at one of the officers, prompting Dorner's training officer, Teresa Evans, to use an electric Taser weapon on him.
Nearly two weeks later, Dorner walked into Sgt. Donald Deming's office at the Harbor Division police station. There were tears in Dorner's eyes, the sergeant later testified.
Deming gave the following account of what happened next:
"I have something bad to talk to you about, something really bad," Dorner told him.
Evans, Dorner explained, had kicked Gettler once in the face and twice in the left shoulder or nearby chest area. Afterward, Dorner said, Evans told him not to include the kicks on the arrest report.
"Promise me you won't do anything," Dorner asked Deming.
"No, Chris. I have to do something," Deming responded.
An internal affairs investigation into the allegation concluded the kicks never occurred. Investigators subsequently decided that Dorner had fabricated his account. He was charged with making false accusations.
At the December 2008 Board of Rights hearing, Dorner's attorney, Randal Quan, conceded that his client should have reported the kicks sooner but told the board that Dorner ultimately did the right thing. He called the case against Dorner "very, very ugly."
"This officer wasn't given a fair shake," Quan said, according to transcripts of the board hearing. "In fact, what's happening here is this officer is being made a scapegoat."
At the hearing, Dorner stuck to his story. Evans, he said, kicked Gettler once in the left side of his collarbone lightly with her right boot as they struggled to handcuff him. She kicked him once more forcefully in the same area, Dorner testified, and then much harder in the face, snapping Gettler's head back. Dorner said he noticed fresh blood on Gettler's face.