Sergio Cortez-Lopez

Name of Accused:
Cortez-Lopez, Sergio

Date of Arrest:
09/07/2024

Charges For Arrest:
Battery
Disorderly Conduct
Public Drunkenness
Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]
On September 7, 2024 at 12:30 am I, Ofc Miller, was dispatched to Mariscos El Cuhhhmaron located [REDACTED BY AGENCY] in reference to a fight in progress.
As I arrived on scene and exited my patrol vehicle, I noticed that the parties involved in the fight had been separated. I spoke with the complainant identified as [WITNESS #1], who was the owner of Mariscos El Cuhhhmaron. [WITNESS #1] pointed to a male standing by the front of the restaurant, who was later identified as Sergio Cortez-Lopez, and stated that he had started the fight and the other person only acted in self-defense. The second person was later identified as [VICTIM #1]. [WITNESS #1] advised that [VICTIM #1] and his wife, [WITNESS #2], were seated outside at one of the tables located on the sidewalk in front of the restaurant with their friends having a meal together when Sergio walked up and stood between [VICTIM #1] and [WITNESS #2] who were still seated, and starred at [WITNESS #2] for a few moments before turning to [VICTIM #1] and punching him in the left side of the face. [WITNESS #1] stated that [VICTIM #1] then got up and began to fight Sergio off. [WITNESS #1] stated that the attack on [VICTIM #1] appeared to be unprovoked and came as a surprise to everyone around.
I then went to speak with [VICTIM #1]. [VICTIM #1] stated that he was having a meal with his wife and a few friends when Sergio walked up and stood between where he and his wife were seated. [VICTIM #1] stated that Sergio just starred at [WITNESS #2] for a few moments before turning towards him and swinging unprovoked and striking him in the left side of the face. [VICTIM #1] stated that he instantly got up and began defending himself. [VICTIM #1] stated that at some point during the fight, Sergio bit him on the upper left leg breaking his skin when he did this. [VICTIM #1] stated that Sergio was the father of [WITNESS #2]’s children and that is how Sergio is known to them. [VICTIM #1] stated that Sergio had been mean to the girls in the past but tonight was new. [VICTIM #1] stated that Sergio just walked up and starred without saying a word before he swung at him starting the fight.
While questioning other witnesses of the event, they all gave the same statement that Sergio swung unprovoked at [VICTIM #1] while he was seated at his table and that [VICTIM #1] only acted in self-defense.
While talking to Sergio, a strong odor of an alcoholic beverage could be smelt coming from his person. Sergio’s eyes were watery and bloodshot and he was uneasy on his feet swaying back and forth and leaning against the building to steady himself. When asked what had happened, Sergio would only reply that he didn’t start anything.
EMS was called out to check Sergio out for injuries sustained during the altercation. EMS advised Sergio that he should go to the hospital and get stitches but Sergio refused services. After EMS cleared Sergio to go to jail, I hand cuffed him, checking for fit and double locking for safety before searching him incident to arrest. Sergio was then safety belted into the back seat of my patrol car where he advised that he was a Mexican citizen when asked and that he did not want his consultant notified of his arrest.
I then transported Sergio to the Whitfield County Sheriff’s Office where I attempted to hand him over to the booking staff. Upon viewing Sergio’s injuries, the booking staff stated that they could not take custody of Sergio until he was treated for the cuts to his head and face, stating that one of them was still bleeding and would require stitches. Sergio then changed his mind and stated that he would go to the hospital to receive treatment. EMS was then called to pick Sergio up at the jail and transport him to Hamilton Medical Center for treatment.
Once at the hospital, Sergio received several stitches to the cut to his upper right forehead and the cut to his left cheek. After Sergio was released from the hospital, I then again placed him in handcuffs, checking for fit and double locking for safety, before transporting him back to the Whitfield County Sheriff’s Office where I handed him over to the booking staff with warrantless arrest #69193 for the following charges:
OCGA 16-5-23.1 battery
OCGA 16-11-41 public drunkenness
OCGA 16-11-39 disorderly conduct
The back seat of my patrol vehicle was searched for contraband prior to placing Sergio inside and again after getting him out at the jail. No contraband was found.
The owner of Mariscos El Cuhhhmaron, [WITNESS #1], also wished for Sergio to be trespassed from the restaurant. Sergio was advised of him being trespassed and stated he understood.
[End of Narrative]