Evidence presented in Yuba deputy assault case

OROVILLE, Calif. - A Yuba County deputy charged with battery and threatening a witness heard the evidence against him in a courtroom for the first time Wednesday.

Nelson Magana, 31, was arrested on St. Patrick's Day and is accused of severely beating another man at a restaurant over a pair of sunglasses.

The Chico police officers who were called to the assault testified how witnesses told them Magana pursued 30-year-old Felipe Zabala, continued to beat him after he was unconscious, and then took off.

Officers testified Magana threatened to beat up the waiter who was calling 911 after the fight.

The prosecution called Officer Ryan Mitchell from the Chico Police Department.

Mitchell testified he was the one who found Magana with his girlfriend and another friend after the fight at City Plaza, a few blocks away from Burgers and Brew on the corner of Broadway and Second Street.

Mitchell said Magana denied being in a fight or even being at the restaurant.

Both Magana's girlfriend and friend denied he was in a fight. The officer said he found cuts and fresh blood on Magana's hand, and he was acting agitated.

Mitchell then arrested Magana. He told the court Magana also told the waiter at Burgers and Brew, "I'll f*** you up if you snitch on me."

The judge found enough evidence for Magana to answer to all three charges.

Magana's attorney asked again if the judge would allow for him to use a firearm to return to work as a Yuba County deputy. The judge denied it and said it would be unsafe for Magana to have a weapon.

Magana is due back in court on July 31.

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