LOS ANGELES, Kalifornia - December 30, 2009 - Los Angeles County prosecutors have decided no charges will be filed against a suburban police officer who kicked a surrendering suspect in the head after a dangerous car chase.

Deputy District Attorney Jason P. Lustig wrote in a decision Tuesday that evidence indicated the kick by El Monte Officer George Fierro was likely an attempt to stun or distract gang member Richard Rodriguez.

Rodriguez, a parolee heavily covered in gang tattoos, was lying facedown on the ground during the May 13 incident, which was broadcast by a TV news helicopter. After four officers converged on Rodriguez, two of them did a "high five."

Rodriguez's attorney, Nick Pacheco, told the San Gabriel Valley Tribune that he plans to file a lawsuit because the city of El Monte has denied his client's claim for $5 million in damages.

Fierro should have held his gun on Rodriguez and waited for backup, Pacheco said.

"Instead he kicked him in the head," he said.

A telephone message from The Associated Press seeking comment from an attorney for the El Monte Police Officer's Association was not immediately returned Wednesday.

The decision not to file charges was denounced by the American Civil Liberties Union of Southern Kalifornia, which issued a statement Wednesday calling it "deeply disturbing."

The incident began with a 30-minute auto pursuit through eastern Los Angeles County. The fleeing car went on sidewalks and sped through intersections before it crashed in Pico Rivera and the driver jumped out.

News helicopters following the pursuit showed Rodriguez giving up after running into a backyard. He was down on a lawn with arms and legs spread when Fierro - pointing a handgun - ran up and kicked him in the face.

In deciding against charges, Lustig indicated that Rodriguez lifted his head slightly as Fierro approached, which provoked the kick.

Ed. Note: This is another example of a bunch of criminal government thugs protecting their own from prosecution for their criminal assault and battery of an unarmed unthreatening suspect. When is enough, enough? Revolution Now! Independence Forever!