How Knowing Your Rights Can Save Your Life: The Case of Tomas Perez

Written By: Betsy Paita

If you were in a position where your loved one went missing, what would your reaction be? Calling for help is a natural instinct, but when Thomas Perez did this, he was psychologically tortured by the Fontana Police Department (FPD) for 17 hours. On September 6, 2024, ABC7 reported on a $900,000 settlement to Mr. Perez.  He realized his elderly father was missing and called the non-emergency line. Thirty-six hours later, he was hospitalized after attempting suicide because he was coerced into giving a false confession to his father's murder. Perez’s limited understanding of his rights prevented him from his due protections. He requested a lawyer but he did not assert his right to remain silent. Regardless, the FPD denied him access to counsel and interrogated him. During the interrogation they threatened to put his dog down if he didn’t confess. He had to choose his dog’s life and his own. What else could he do? 

Fontana Police Department headquarters.

Surprisingly, Perez's father was alive the entire time. Anyone of us can be caught up in the same situation. This is why it’s important to know your rights and protect yourself from police misconduct.

What Happend?

On August 8, 2018, Tom Perez called the non-emergency line to report his father missing. Once officers arrived, they found reasonable suspicion due to traces of blood and disarray of the home, as a result, officers brought him in for questioning. During the interrogation at the Fontana Police Department Perez requested a lawyer, but officers denied this request and began interrogating him anyway. The police conducted an investigation and got a warrant to search Mr. Perez's house. After searching Perez’s house, Fontana police had concluded that Perez had murdered his father based on a small trace of blood that came from his father's diabetic sugar tester's needle. The police interrogated Perez for 17 hours telling him his father was dead and that FPD had found the body when he was alive the entire time.

By the end of the interrogation, Perez was crying in a fetal position with his dog on the floor. He falsely confessed to killing his father and attempted to take his life immediately after.

Such a devastating breakdown cannot be separated from the conduct of the Fontana Police Department: They took advantage of Perez not knowing his right to remain silent. Subjecting him to relentless hours of questioning and psychological trauma. Actions that not only increased the chances of a false confession but also violated his 6th Amendment right in the process.

Read the whole story here. 

Why It Matters

Legally, the police are allowed, and even encouraged to lie to you. Especially if you are under interrogation. If his father really was a victim of homicide, Tom Perez would currently be in prison for it. Simply because he didn’t assert his right to remain silent. Public awareness begins with acknowledging your constitutional rights; if you disregard such universal rights granted by the government, you’ve already lost them.

What You Should Do

As members of the community, we must understand our rights: you have a right to an attorney, you have the right to remain silent, and freedom from unjust searches and seizures. Police are here to serve and protect the community, but this isn’t always the case. We are here to urge our community to stay informed, aware, and confident when dealing with police, not to create a bias against law enforcement.

It’s important to understand that not all law enforcement officials will engage in misconduct, but as a community, we must recognize that not all law enforcement personnel uphold standards of integrity. Knowing your rights is important in today’s world. If you ever find yourself in a similar situation, you want to be calm, confident, and aware, knowing that you have taken the necessary steps to protect yourself by asserting your fundamental constitutional rights. Each police department operates differently; you’ll never know when an officer will attempt to take advantage of your unfamiliarity with your rights to intimidate or control you.