How to resolve AdBlock issue? Lucerne man receives Oregon jail sentence for false police brutality report; punched himself to create injuries
A Lake County, Calif., man has been sentenced to jail in Oregon for making a false police brutality report, which was debunked thanks to holding cell video that showed him punching himself dozens of times.
On Feb. 11 Aleksander Robin Tomaszewski, 33, of Lucerne was found guilty and sentenced to 20 days in the Lane County, Ore., jail, along with 36 months of probation and a $500 fine for attempted coercion, and 20 days in jail and a $100 fine for initiating a false report, according to Sgt. Carrie Carver of the Lane County Sheriff's Office.
Carver said that Tomaszewski was brought to the Lane County Sheriff’s Office on Jan. 9 to be interviewed regarding a separate criminal investigation.
According to Lane County jail records, Tomaszewski had been arrested on Dec. 8 for stalking, violation of a restraining order and contempt of court.
The Jan. 9 interview took place in a room with video and audio recording, both of which were running while he was in the room, Carver said.
After the interview was over, Tomaszewski was left in the holding room alone while the recording continued to run. Carver said he was escorted directly to another holding room just down the hall, where a video recording also was taking place.
When he later was contacted in the second holding room, Tomaszewski – who has visible facial injuries – complained to multiple deputies that he was just assaulted by the detectives who had interviewed him, Carver said.
Carver said the complaint was immediately forwarded for review to the sergeant in charge of detectives.
Tomaszewski – who was interviewed shortly after he made the complaint – provided a statement claiming he was assaulted and said multiple times that he wanted to press charges, Carver said.
In addition, Carver said Tomaszewski also signed the portion of the incident report that warns about initiating a false report.
Carver said the video was reviewed for both holding rooms. The video footage from the second holding room showed Tomaszewski punching himself multiple times in the face.
When he learned that the incident was caught on camera, Tomaszewski admitted that he thought making the claim would get him released, Carver said.
Tomaszewski subsequently was charged with initiating a false report, which is a Class C misdemeanor, and attempted coercion, which is a Class C felony, according to Carver.
In addition to those charges, on Jan. 9 Tomaszewski was arrested on first degree sexual abuse, stalking and contempt of court, Lane County jail records showed.
Last May, Tomaszewski was sentenced in Lake County for violating unlawful stream diversion and unlawfully dumping trash and rubbish within 150 feet of a streambed as part of a marijuana grow in the Double Eagle Ranch subdivision near Clearlake Oaks, as Lake County News has reported: bit.ly/1Du6dK4 .
The case arose from an investigation resulting from a 2012 marijuana bust. At that time, Tomaszewski was arrested after the Sheriff’s Narcotics Task Force and the Sheriff’s Special Weapons and Tactics Team found 170 pounds of processed marijuana in his Lucerne home during the service of a search warrant.
- Details
- Written by: Lake County News reports
District attorney: Sheriff's deputies justified in fatal November shooting
LAKE COUNTY, Calif. – Lake County's district attorney has ruled that two sheriff's deputies were justified in shooting a Lucerne man last fall after he charged them with a knife.
On Sunday District Attorney Don Anderson issued his report on the fatal shooting of Christopher Keith O'Neal, 57.
O'Neal was shot a total of seven times by Sgt. Gary Frace and Deputy Victor Rico on the night of Nov. 9, according to Anderson's report.
Anderson's investigation concluded that O'Neal had decided to commit “suicide by cop,” based on his actions and the statements of witnesses, including his wife.
Frace and Rico responded to the O'Neal home on 16th Avenue in Lucerne late that night on the report of a domestic dispute.
Anderson said O'Neal initiated the report – calling law enforcement under a false name from his in-laws' home across the street – in an effort to have the deputies shoot and kill him.
After making the call, O'Neal went back to his residence and told his wife that he wanted to die and wanted the police to kill him. He subsequently obtained a large kitchen knife and went to the front porch to confront the deputies.
Despite being given multiple commands by the deputies to stop, O'Neal made threats against the deputies and then charged them, carrying a 10-inch kitchen knife, with Frace and Rico ultimately shooting him to death, Anderson said.
O'Neal's autopsy found he had been shot three times in the leg and four times in the body cavity, where one bullet lacerated the heart and lungs and another lacerated the liver and kidney, Anderson reported.
Anderson said there were no previous domestic disturbances reported between the O'Neals.
Christopher O'Neal had one previous arrest in October 1997 for wielding a knife at deputies; Anderson said deputies used pepper spray on O'Neal before taking him into custody in that instance.
According to Anderson's findings, O'Neal was suffering from depression.
His state of mind was impacted by his belief – which authorities have not been able to confirm – that he had cancer, as well as the death the previous month of his last living sibling, a sister.
After his sister's death, O'Neal had begun drinking heavily, Anderson reported. On the night of the shooting, O'Neal had a very high blood alcohol level of 0.34 percent, more than four times the legal limit for driving.
O'Neal also was reported to be a survivor of the November 1978 Jonestown Massacre in Jonestown, Guyana.
The 36th anniversary of that event was nine days after his death, and Anderson reported that O'Neal was said to have had night terrors due to his memories of those events, and was depressed as the anniversary drew near.
Anderson said the deputies believed that had O'Neal reached them, he would have killed or seriously injured them.
“O’Neal’s violent conduct, threats and ability to cause violent injury, was such that a reasonable person in the same situation would be in actual fear of their life or being inflicted with great bodily harm,” Anderson wrote.
With O'Neal intending to commit suicide by cop, the deputies “were immediately confronted with an imminent threat of death to not only themselves, but their fellow officer. The deputies had no other reasonable choice but to shoot their attacker.”
Anderson concluded, “It is the findings of the Lake County District Attorney the taking of Christopher Keith O’Neal’s life was justifiable homicide pursuant Penal Code Sections 196 and 197 and relevant case law.”
Anderson's report is published, in its entirety, below.
February 15, 2015
LAKE COUNTY DISTRICT ATTORNEY’S FINAL REPORT
REGARDING OFFICER INVOLVED SHOOTING OF
CHRISTOPHER KEITH O’NEAL ON NOVEMBER 9, 2014
SUMMARY
On November 9, 2014, Deputies Gary Frace and Victor Rico of the Lake County Sheriff’s Department responded to a report of a domestic dispute in progress at 6217 Sixteenth Street, Lucerne California. The report was initiated by Christopher Keith O’Neal in an effort to have the deputies shoot and kill him.
When the deputies arrived Christopher O’Neal charged at them with a large kitchen knife with a ten inch blade. Despite orders by the deputies to drop the knife, O’Neal continued to charge at them in a threatening manner. The deputies shot O’Neal seven times as he entered their “safety zone” while still wielding the knife. O’Neal was pronounced dead at the scene.
It is the finding of this office that the killing of Christopher Keith O’Neal was justifiable homicide pursuant to California Penal Code Section 196 and 197. The death was a direct result of Christopher Keith O’Neal attempt to “commit suicide by cop”.
PROCEDURES
Pursuant to the Lake County Law Enforcement Fatal Incident Protocol of 2013, the Lake County District Attorney Investigation Division conducted the investigation into the incident with the assistance and cooperation of the Lake County Sheriff’s Department. This report and findings are conducted pursuant to California State law as well as the Lake County Law Enforcement Fatal Incident Protocol.
The below facts and findings is the product of this investigation which includes the statements of the officers and numerous witnesses to the incident; Department of Justice laboratory results; and the crime scene investigation.
FACTS
On November 9, 2014, Christopher Keith O’Neal, age 57, was at his residence with his wife off and on during day. Later that evening, at about 10:00 p.m., O’Neal returned to the residence and was in a very intoxicated condition.
O’Neal told his wife that he did not have long to live because he thought he had cancer, a fact that can not be confirmed. O’Neal became argumentative with his wife and started calling her names. O’Neal then slapped his wife across the face. O’Neal left the residence when his wife told him she was calling the police. There are no prior reports of domestic violence between the O’Neal’s, and Mrs. O’Neal said that he has never been violent towards her.
O’Neal went across the street to his in-laws and called the Sheriff’s Department’s 911 dispatcher. O’Neal used a false name and reported there was a domestic disturbance at the O’Neal residence. He told the dispatcher he saw Chris O’Neal raise his hand and strike his wife. He was requesting the Sheriff’s Department send some deputies.
O’Neal returned to his residence and continued arguing with his wife. O’Neal told his wife “I’m gonna make the cops kill me!”, “I’m gonna make them shoot me” and told her the police were on their way. O’Neal then went into the kitchen and obtained large kitchen knife with a ten inch blade. His wife tried to talk him into putting the knife down. but he walked out the door onto the porch.
At approximately that time Deputies Gary Frace and Victor Rico pulled up to the residence. They heard O’Neal arguing with his wife which appeared to be escalating. The deputies entered a short distance into the fenced in yard when they saw O’Neal on the front porch holding the knife. The deputies told him several time to drop the knife, but O’Neal refused and said a couple of times “I’m coming after you guys” and that he was not going to drop the knife.
O’Neal started charging the deputies in a threatening manner with the knife still in one hand and the other hand with a clinched fist. The deputies drew their firearms while he was on the porch, told him to drop the knife and took defensive positions. As O’Neal continued charging at the deputies, deputy Rico backed up as far as he could until his back was against the fence. Despite orders to stop and drop the knife O’Neal continued to charge at them.
When O’Neal reached an area within the deputies’ safety zone, both deputies discharged their firearms, striking O’Neal seven times. Deputy Frace fired a total of six shot and deputy Rico four shots. O’Neal fell to the ground on the walkway. The deputies attempted to administer life saving first aid and called for paramedics; however, O’Neal was pronounced dead at the scene.
The above accounts of the incident have been verified by statements from Mrs. O’Neal, the deputies, four independent witnesses and the 911 telephone call. Used in the investigation is the District Attorney’s Office’s three dimensional crime scene scanner, therefore, the below measurements, diagrams and photos are accurate and to scale.
The front yard to the O’Neal residence is approximately 45 feet from the gate to the front porch. O’Neal charged at the deputies from the front porch to the point where he fell, a total of 25.287 feet.
O’Neal came 11.950 feet to Deputy Frace and 17.977 feet to Deputy Rico, where O’Neal came to rest.
The knife was found 5.480 feet from O’Neal’s body.
Two witnesses to the incident were able to clearly see the events from a distance of 134.610 feet from O’Neal’s body and 103.383 feet to the front porch.
Autopsy and medical reports indicate O’Neal’s blood alcohol level was 0.34% which is over four time the limit to drive a motor vehicle. O’Neal was shot a total of seven time. Three were in the leg and foot and four were in the body cavity. One bullet to the body cavity lacerated the heart and lungs; another lacerated the liver and kidney. The official cause of death is listed as “multiple gunshots.”
A personal history of Christopher O’Neal revealed he was suffering from depression. He had told his wife he did not have long to live and he did not want to live any longer. O’Neal believed he had colon cancer and said he had watched his father die a terrible death from colon cancer and “did not want to go out that way.”
Christopher O’Neal started drinking heavily after his sister, and last living sibling, died in October of 2014. Additionally, it appears O’Neal was a survivor of the November 18, 1978 Jonestown Massacre in Guyana, from which he suffered night terrors. At the time of the massacre he was 18 years old. He had to identify several of the Jonestown bodies and had appeared in many documentaries about the massacre. He appeared to be depressed about the incident which 36th anniversary was a week away.
LEGAL ANALYSIS
The relevant California statutory and case law regarding this matter is set forth below.
California Penal Code Section 197 states in part:
“Homicide is also justifiable when committed by any person in any of the following cases:
1. When resisting any attempt to murder any person, or
to commit a felony, or to do some great bodily injury
upon any person; or,…
3. When committed in the lawful defense of such person,
or of a wife or husband, parent, child, master,
mistress, or servant of such person, when there is
reasonable ground to apprehend a design to commit a
felony or to do some great bodily injury, and imminent
danger of such design being accomplished; but such
person, or the person in whose behalf the defense was
made, if he was the assailant or engaged in mutual
combat, must really and in good faith have endeavored to
decline any further struggle before the homicide was
committed; or,…”
The test for determining justifiable homicide is apparent necessity, i.e., an honest and reasonable belief in the apparent peril and the need for self defense is enough. The means used, whether deadly or nondeadly force, must be reasonable under the circumstances. In People v. Sonier (1952) 113 Cal.App.2d 277, 278 the court held “The justification of self defense requires a double showing: that defendant was actually in fear of his life or serious bodily injury and that the conduct of the other party was such as to produce that state of mind in a reasonable person.”
In People v. Escobar (1992), 3 Cal. 4th 740, 750 the court held that “It is well settled that the determination of great bodily injury is essentially a question of fact, not of law." 'Whether the harm resulting to the victim … constitutes great bodily injury is a question of fact for the jury. [20] If there is sufficient evidence to sustain the jury's finding of great bodily injury, we are bound to accept it, even though the circumstances might reasonably be reconciled with a contrary finding.' “citing People v. Wolcott (1983) 34 Cal.3d 92, 107 quoting People v. Salas (1976) 77 Cal.App.3d 600, 606
California Penal Code Section 196 (Justifiable homicide by public officers) states:
“Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either—
1. In obedience to any judgment of a competent court; or,
2. When necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty; or,
3. When necessarily committed in retaking felons who have been rescued or have escaped, or when
necessarily committed in arresting persons charged with felony, and who are fleeing from justice or
resisting such arrest.”
In Munoz v. City of Union City (2004) 120 Cal.App.4th 1077, 1102, the court held that an officer “may use reasonable force to make an arrest, prevent escape or overcome resistance, and need not desist in the face of resistance.” “Unlike private citizens, police officers act under color of law to protect the public interest. They are charged with acting affirmatively and using force as part of their duties, because “the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat thereof to effect it.” Munoz, supra, 120 Cal.App.4th at p. 1109. “‘[Police officers] are, in short, not similarly situated to the ordinary battery defendant and need not be treated the [17] same. In these cases, then, “… the defendant police officer is in the exercise of the privilege of protecting the public peace and order [and] he is entitled to the even greater use of force than might be in the same circumstances required for self-defense.
In Martinez v. County of Los Angeles (1996) 47 Cal.App.4th 334, 349, the court held “The test for determining whether a homicide was justifiable under Penal Code section 196 is whether the circumstances ‘reasonably create[d] a fear of death or serious bodily harm to the officer or to another.” citing Martinez v. County of Los Angeles (1996) 47 Cal.App.4th 334, and Brown v. Ransweiler, 171 Cal. App. 4th 516, 533
In this matter, Deputies Frace and Rico were dispatched to a report of a domestic disturbance between Christopher O’Neal and his wife. The actual 911 call was made by Christopher O’Neal. This call and Mr. O’Neal’s subsequent actions may have been only a cry for help; however, from the statements of Mr. O’Neal and all of the evidence of the case, the evidence points to a conclusion he intended to have the deputies kill him.
After calling the Sheriff’s Department, Mr. O’Neal went back to his residence and made statements to his wife that he wanted to die and wanted the police to kill him. He obtained a large kitchen knife and went to the front porch to confront the deputies.
When Deputies Frace and Rico entered the fenced in yard they were confronted by O’Neal from a distance of 35-40 feet. The deputies observed O’Neal with the large knife and ordered him to drop the knife. At about the same time the deputies drew their service weapons. O’Neal made a few threatening comments toward the deputies then charged toward them with the knife.
Commonly law enforcement officers are taught a “21 foot rule”. Simply stated, within 21 feet, an attacker wielding a knife can quickly cause immediate harm or death to a person. This theory creates a 21 foot safety zone for the officers.
In this matter, Deputies Frace and Rico, while ordering the charging O’Neal to drop the knife, had allowed him to get within less than 12 feet of them before firing their weapons. At what was described as the “charge” at the deputies, O’Neal would have been within range of causing great bodily injury or death to the deputies within one to two seconds.
The deputies did not appear to have less lethal alternatives than the use of their firearms. Deputy Frace did not carry a taser, and even if he did, he would have not had the time to holster his weapon, draw the taser and engage it before O’Neal reached him with the knife.
FINDINGS
Deputies Frace and Rico’s belief was that had Christopher Keith O’Neal reached them, he would have killed them or cause great bodily injury to them. O’Neal’s violent conduct, threats and ability to cause violent injury, was such that a reasonable person in the same situation would be in actual fear of their life or being inflicted with great bodily harm.
The evidence shows that Christopher Keith O’Neal intended to commit what is commonly called “suicide by cop”. In doing so, he charged at the offices with the large knife with the specific intent that they would kill him. The deputies, not knowing the intent of O’Neal, were immediately confronted with an imminent threat of death to not only themselves, but their fellow officer. The deputies had no other reasonable choice but to shoot their attacker.
It is the findings of the Lake County District Attorney the taking of Christopher Keith O’Neal’s life was justifiable homicide pursuant Penal Code Sections 196 and 197 and relevant case law.
________________________________
Don A. Anderson
Lake County District Attorney
- Details
- Written by: Lake County News reports
Woman found dead in park; police say foul play not suspected
LAKEPORT, Calif. – The body of a woman was found in Library Park early Friday, but police said they do not believe her death was suspicious.
Lakeport Police Chief Brad Rasmussen said city parks staff found the body of the female transient at around 7:50 a.m. Friday.
No foul play is suspected, Rasmussen said.
An investigation is under way, and an autopsy on the woman also is pending, according to Rasmussen.
Rasmussen said the woman's name was not being released yet as police don't yet have confirmation that any of her next of kin have been notified of her death.
Email Elizabeth Larson at
- Details
- Written by: Elizabeth Larson
Sheriff's office to host recruitment events
LAKE COUNTY, Calif. – The Lake County Sheriff’s Office will hold four “recruitment presentations” at locations throughout the county over the coming month.
These presentations will cover all of the open positions currently available within the sheriff’s office, including dispatchers, correctional officers, correctional aides, cooks and deputies.
Topics of discussion will include job descriptions, minimum requirements, benefits, wages and the hiring process.
Recruitment presentations will be held at the following locations from 7 to 9 p.m.:
– Tuesday, Feb. 24: Middletown Library, 21256 Washington St.
– Tuesday, March 3: Brick Hall, 16374 Main St, Lower Lake.
– Tuesday, March 10: Lake County Board of Supervisors chambers, 255 N. Forbes St., Lakeport.
– Thursday, March 19: Marymount California University, 3700 Country Club Drive, Lucerne.
For more information, call Undersheriff Chris Macedo at the Lake County Sheriff's Office at 707-262-4200.
- Details
- Written by: Lake County News reports
Former sheriff’s deputy charged with manslaughter for fatal October 2013 crash
LAKEPORT, Calif. – On Tuesday a former Lake County Sheriff’s deputy was arraigned on a felony charge of gross vehicular manslaughter for an October 2013 crash that killed a Clearlake woman.
James Scott Lewis, 54, briefly appeared in Lake County Superior Court before retired Judge Arthur Mann Tuesday morning.
Lewis is facing the one manslaughter count in connection to the October 2013 death of 26-year-old Gabriela Rivas Garcia, which resulted from a crash that occurred while Lewis was on duty.
During his appearance, Lewis entered a not guilty plea to the vehicular manslaughter charge.
Prosecutor John Langan asked the court to set the matter over until March 10 for further proceedings, as he noted that there's a lot of discovery that the defense needs to go through, including grand jury transcripts.
Langan also noted that there was a $100,000 warrant for Lewis' arrest, and he agreed to release Lewis on his own recognizance if he agreed to report to the jail to be booked, which Lewis agreed to do.
Mann scheduled the case to return to court on March 10, and also accepted a waiver of Lewis' personal presence at upcoming court appearances submitted by Lewis' attorney.
After his court appearance, Lewis reported to the Lake County Jail where he was booked and released.
Just before 6:30 a.m. on Oct. 3, 2013, Garcia was driving on Highway 29 from her Clearlake home to her job as a vineyard worker in Kelseyville when she was hit head-on by Lewis, who was responding to the Lower Lake area on the report of a home invasion robbery and vehicle pursuit.
Lewis was driving his patrol vehicle – a 2009 Chevrolet Tahoe SUV – with his lights on and traveling at a high rate of speed when he crossed into the northbound lane, hitting Garcia’s 1995 Honda.
Also injured in the crash was a since-retired county correctional officer, Bill Eagleton, who was driving a 1997 Geo behind Garcia. Lewis’ SUV overturned and hit the front of the Geo, with Eagleton sustaining minor injuries.
Garcia died at the scene. Lewis had major injuries and was flown to an out-of-county trauma center.
Grand jury convened in case
On July 17, a criminal grand jury indicted Lewis on the gross vehicular manslaughter charge, according to District Attorney Don Anderson.
Anderson said that when he began the grand jury proceedings, he didn't yet have the extensive report on the crash conducted by the California Highway Patrol's Multidisciplinary Accident Investigation Team, or MAIT.
He said that report determined that Lewis was driving at more than 80 miles per hour when the crash occurred.
Shortly after the indictment was handed down, the felony $100,000 warrant for Lewis' arrest was issued, Anderson said. The warrant amount was based on the normal bail schedule.
Lewis was hired by the Lake County Sheriff’s Office in 2001. He was on a reservist deployment in Virginia from 2007 to 2012.
He left the county’s employ in November, according to information Lake County News received from the Lake County Human Resources Department as part of a California Public Records Act request.
Since the indictment, Anderson’s office has been working with Lewis – who left the county and moved to Virginia – to return to Lake County to allow the court proceedings to move forward.
Anderson said there was some difficulty in arranging for Lewis to return, based on the medical issues he now has as a result of the crash. Those made it difficult for him to fly.
Lewis finally was cleared by a doctor to travel, clearing the way for Tuesday’s arraignment to take place, Anderson said.
During his court appearance, Lewis walked with a heavy limp as the result of his crash injuries.
As for whether Lewis will remain in California for the ongoing proceedings, “I don’t know what his plans are,” Anderson said.
Anderson said some of Lewis’ court proceedings, with the permission of the court, may not require him to be present, and that was confirmed on Tuesday with Lewis' attorney submitting the waiver to allow for him to not personally appear at some hearings.
Related civil, criminal cases ongoing
Last April, Garcia’s parents – who live in Mexico, and who she had helped support with her job in Lake County – filed a lawsuit against the county, Lewis and a number of other codefendants.
The lawsuit is set for jury trial in June, according to court records.
The attorney for Garcia’s family, Jeremy Fietz, did not immediately respond to a request from Lake County News for comment on the case’s status.
The suit alleges that Lewis had alcohol in his system when he was involved in the crash.
Using grand jury testimony given in January 2014 in the case against the four people charged for the home invasion to which Lewis was responding on the morning of the crash, the civil case alleges that Lewis had a blood alcohol level of at least 0.01 percent nearly two hours after the crash. Garcia’s family alleges that it was closer to 0.04 or 0.05 at the time the crash occurred.
Anderson said the investigation did find that Lewis had a “very, very small amount” of alcohol in his system when he was tested after the crash.
In contrast to what Garcia's family is alleging, Anderson said his experts said they can't extrapolate what Lewis’ exact blood alcohol level would have been at the time the crash occurred, because once blood alcohol reaches the 0.01 level, alcohol doesn't dissipate from the bloodstream at the normal rate – which at higher levels is 0.02 per hour.
Lewis is not the only person charged with a crime in connection to Garcia’s death.
The four defendants in the October 2013 home invasion – Clearlake residents James Robert Conaster, 39; Jesse Gilbert Moncivaiz, 30; Angelita Jeanette Raffa, 29; and Lauren Astor Faumuina, 21, of Middletown – all were indicated for murder for the young woman’s death in January 2014, as Lake County News has reported.
They’re charged under the “felony murder” theory, which allows for suspects in a dangerous felony to be charged with murder if someone is killed during the commission of the crime – even if the death is accidental or unintentional.
All four of those individuals have remained in the Lake County Jail since their arrests, with bail set at $1 million each.
The defendants all have a March court appearance – for a settlement conference – in the case, according to court records.
Email Elizabeth Larson at
- Details
- Written by: Elizabeth Larson
