May 12--A West Marin nudist is fighting criminal charges stemming from a scuffle with a state park ranger.
"This was an escalation by the state in a statewide war on nudity," said the defendant, Donald Garrison Holmes, 63, of Bolinas.
The case involves Holmes and Roberto Walton, a ranger who works in Mount Tamalpais State Park. The ranger arrested Holmes last August near the Steep Ravine hot springs south of Stinson Beach.
According to prosecutor Chris Tarbell, the ranger approached Holmes after seeing him in the state park after sunset, a violation, and naked, another violation. Holmes refused warnings to cooperate and struck Walton in the face during a tussle, causing a nosebleed and prompting the ranger to pepper spray the nudist, Tarbell said.
Holmes was subsequently charged with battery against a peace officer, resisting police, willfully appearing naked in the state park and willfully violating a posted order to stay out of the park after sunset.
"This case is really about the rules," Tarbell said. "Mr. Holmes simply didn't want to follow the rules."
Holmes was just reacting in self-defense to an imminent threat, said his public defender, Crystal Ratliff. Holmes, who has a heart condition, needed to get to the medications in his van after the steep climb from the springs, and the park ranger was obstructing him, Ratliff said.
"He was afraid," she said. "He was fearful. He thought the ranger was up to no good."
Holmes
also claimed that the hot springs site is "historically" tolerant of nudists and after-dark visitors, she said.
The jury trial was held before Judge James Ritchie in Marin Superior Court. Both Holmes and Walton testified.
Jury deliberations began Friday afternoon and resume on Tuesday. Holmes is not in custody in the misdemeanor case.
Contact Gary Klien via email at [email protected]
Copyright 2012 - The Marin Independent Journal, Novato, Calif.
