Lawyer disputing charges in Green Street fight case

Published: Monday, March 15 2010 3:54 p.m. MDT

SALT LAKE CITY — The attorney representing a man shot by an off-duty Salt Lake County sheriff's deputy at a downtown nightclub says the case may not be as it has been portrayed.

John Junior "JJ" Pikula was shot by an off-duty deputy on Sept. 19, 2009, while at Green Street Social Club, 602 E. 500 South. The Salt Lake County District Attorney's Office later determined that deputy Rudy Chacon acted in self defense and was justified in shooting Pikula. The DA ruled Chacon believed his brother's life was in imminent danger after Pikula slammed him to the ground and repeatedly hit him.

Pikula's brother was charged and pleaded guilty to his part in the melee. Last week, Pikula himself was charged with assault and reckless endangerment, class A misdemeanors. He also was charged with two class B misdemeanors of assault and criminal trespass.

But defense attorney Yossof Sharifi said there's more to the story.

"It's not a slam-dunk case like (Salt Lake City's prosecutor's office) makes it out to be," he said. "The evidence is not at all clear as (prosecutors are) making it seem."

Sharifi said he had spoken to numerous witnesses who said Pikula was struck in the face and assaulted and was acting in self-defense. "There's definitely witnesses favorable to the defense," he said.

Sharifi said it was "completely out of line" for Chacon to use a weapon of deadly force in a crowded bar and called the decision not to charge him "ludicrous."

"This is an example of prosecutors looking out for their own. It is inappropriate to blame a victim for the ill-advised actions of a trigger-happy deputy. JJ Pikula is totally innocent of any criminal conduct, and we plan to fight to clear his name," Sharifi said in a prepared statement.

Alcohol may have been a factor, said Sharifi, who noted Chacon had been drinking that evening. In their decision clearing Chacon, however, the DA's office found no evidence of impairment.

The case will boil down to what can be seen on surveillance video from the club, Sharifi said. As of Monday, Sharifi said he had requested the video from the DA's office but had not yet received it.

e-mail: preavy@desnews.com

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