Judge's husband faces no obstruction charges

Prosecutors drop charges against the man and his son, who was accused of child abuse.

By JIM ROSS

© St. Petersburg Times, published February 24, 2001

INVERNESS -- Prosecutors have declined to file criminal charges against Circuit Judge Barbara Gurrola's husband, court records showed.

Inverness police arrested Rudolph Gurrola in November, alleging that he obstructed their efforts as they investigated a child abuse complaint against his grown son, Michael.

Michael Gurrola, who is the judge's stepson, also was arrested that day.

Although police arrested both men, prosecutors ultimately decide -- as they do in all such cases -- what charges to file, if any.

In December, the State Attorney's Office announced it would not pursue a case against Michael Gurrola, 40.

His girlfriend had reported that he tried to choke their 4-year-old son, a story the boy confirmed to police. The woman and boy later said that Michael Gurrola was playing Power Rangers, court records showed. The mother said that the play went too far, prompting the boy to call for help.

The boy showed no sign of injury.

Based on that information, the State Attorney's Office declined to prosecute.

It made the same decision concerning Michael Gurrola's father, although for different reasons.

Police lodged two charges against Rudolph Gurrola: breach of peace and resisting arrest without violence.

Police said Rudolph Gurrola, 65, repeatedly demanded to know who was in charge, prompting officers to tell him several times to back away. Police also said that he used foul language and later needed to be restrained while officers handcuffed him.

Prosecutors, including State Attorney Brad King, reviewed the case. They determined that if Rudolph Gurrola had stood in the officers' paths, blocked a doorway or otherwise physically obstructed police efforts, a criminal charge would have been appropriate.

However, the man's words and behavior didn't meet that threshold, said Ric Ridgway, King's chief assistant.

If Rudolph Gurrola had been violent while officers handcuffed him, he could have faced prosecution for resisting arrest. He resisted, but he was not violent, prosecutors determined.

As a result, the state's decision concerning the charge of resisting arrest had to be made in light of the office's decision concerning the underlying charge.

Since prosecutors had decided not to prosecute for obstruction or breach of the peace, it was appropriate also to decline prosecution for resisting arrest, Ridgway said.

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