How to resolve AdBlock issue? Police investigate series of break-ins; Lakeport Public Works office hit
LAKEPORT, Calif. – The Lakeport Police Department is investigating the burglary of the city’s Public Works office as well as attempted break-ins at nearby county and health care facilities, and a local business.
On Monday morning, Lakeport Public Works Director Mark Brannigan arrived at his office, located at the city’s corporation yard on Martin Street, to find the window to his office broken, his computer gone and items strewn around the yard and the nearby field.
Lakeport Police Chief Brad Rasmussen said his agency were notified by Brannigan shortly before 8 a.m. Monday about the break-in at Public Works.
“It turned out to be a pretty extensive burglary to their facility,” said Rasmussen.
The main office building had been broken into, as well as other facilities including an equipment shop, he said.
Brannigan, who said he initially was “dazed” by the burglary, said he was impressed with the investigation, with police setting up a command post at the yard and methodically piecing the evidence together, which they then cataloged.
Rasmussen said the most extensive damage was to the main Public Works office facility.
“We’re still analyzing and trying to audit all of the items that were taken,” Rasmussen said.
He estimated damage to the offices and the cost of the items taken totaled about $7,500.
As to finding out who is responsible, “We’ve recovered items of evidence and developed several leads as far as identifying a possible suspect,” Rasmussen said.
Rasmussen said his officers are investigating the connection between the burglary at Public Works and a call they had received several hours before, at 3:45 a.m. Monday, regarding an alarm sounding at Lake County Public Health on Bevins Court.
An officer went inside the gated facility to do a check for the alarm and located a window that had been forced open. However, Rasmussen said it didn’t appear that a suspect had made entry to the facility. He said the officer did an area check but couldn’t find a suspect.
On Tuesday, Rasmussen said he also had been notified that the Tribal Health building on Bevins had been burglarized over the weekend. He said that incident still is being investigated.
Last week a window was broken out at a Park Street business, with a suspect attempting to gain entry, Rasmussen said. He said that break-in was not successful.
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Police arrest couple after finding children unattended; children found in unsanitary conditions
CLEARLAKE, Calif. – A Clearlake Police officer arrested the parents of three children found unattended and in unsanitary conditions at their home last week.
Crystal Marie Dexter, 31, and Jay Allen Batcheldor, 40, both of Clearlake, were taken into custody on charges of felony child cruelty and neglect on Friday, Nov. 2, according to a report from Sgt. Dominic Ramirez.
At approximately 3:48 p.m. that day Clearlake Police officers were dispatched to 14201 Uhl Ave. for a report of juveniles left alone, Ramirez said.
He said the reporting party discovered the children – ages 12, 5 and 2 – alone in the residence with no supervision and the whereabouts of the parents were unknown. When the reporting party could not locate the parents she contacted law enforcement.
Officer Bradlee Middleton arrived at the residence to conduct the investigation and check the welfare of the children, Ramirez said.
Middleton went into the residence and located a 5-year-old male child lying on the living room floor. Ramirez said the child suffers from a medical condition that does not allow him to care for himself in any manner.
The little boy had a soiled diaper and was lying in his own vomit, unable to move due to his medical condition, Ramirez said.
Also located in the residence was the eldest child, age 12, who has a developmental disability, and a 2-year-old female who was ill with the flu. Ramirez said officers saw the residence was unsanitary with animal feces and urine on the floor and the odor of the same throughout the residence.
During the investigation, Dexter and Batcheldor arrived at the residence and were identified as the parents of the children, Ramirez said.
The investigation revealed the children had been left alone at the residence for approximately two hours while the parents were at an appointment. Ramirez said it was apparent the 12 year old developmentally disabled child was left to care for the two younger children while they were at the appointment.
As a result of the investigation, Middleton arrested both Batcheldor and Dexter for felony child cruelty and neglect, Ramirez said.
Dexter and Batcheldor were booked into the Lake County Jail, with bail for each set at $75,000. Both remained in custody on Monday, according to jail records.
All three children were taken into protective custody and turned over to Lake County Child Protective Services, Ramirez said.
Ramirez said the child neglect case is still under investigation and anyone with information regarding this incident is encouraged to call Officer Middleton at the Clearlake Police Department, 707-994-8251.
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Supervisors to discuss alternatives for Clearlake Oaks sheriff’s substation Tuesday
LAKEPORT, Calif. – The Board of Supervisors will take another look at how to provide a substation to the Clearlake Oaks community when it meets this week.
The meeting will begin at 9 a.m. Tuesday, Nov. 6, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. The meeting will be broadcast live on TV8.
The discussion on the Clearlake Oaks substation is scheduled to begin at 10:30 a.m. Also to be considered is the process and funding of the Middletown sheriff’s substation, as well as a staff request for board direction regarding the development of a policy regarding the leasing and purchasing of real property.
Last month, the board had heard a presentation on several substation options, including one offered at $1 a month at the Big Oak Shopping Center on Highway 20 in Clearlake Oaks, as Lake County News has reported.
However, after Sheriff Frank Rivero – who wants to purchase a property on Shady Lane for a substation – insulted and misrepresented the offer, shopping center manager Milton Pereira told Lake County News he was retracting the offer. Pereira said Rivero was a “jerk” and a “clown.”
In retaliation for coverage of the issue, Rivero has blacklisted Lake County News and is refusing to release any public safety information to the news publication.
The County Space Committee – composed of Supervisor Jeff Smith, Public Services Director Caroline Chavez and Deputy Administrative Officer Alan Flora – is asking the board to reopen the discussion “in an effort to identify a viable alternative” or give other direction.
In other business, at 9:10 a.m. the board will present a proclamation designating the month of November 2012 as In-Home Supportive Services Caregiver Recognition Month.
At 10 a.m., the board will hear a presentation regarding funding options available for environmental restoration of damage due to the Wye Fire in August.
The full agenda is below.
TIMED ITEMS
9 a.m., A1-A4: Approval of consent agenda, which includes items that are expected to be routine and noncontroversial, and will be acted upon by the board at one time without discussion; presentation of animals available for adoption at Lake County Animal Care and Control; consideration of items not appearing on the posted agenda, and contract change orders for current construction projects.
9:05 a.m.: Citizen’s input. Any person may speak for three minutes about any subject of concern, provided that it is within the jurisdiction of the Board of Supervisors and is not already on the agenda. Prior to this time, speakers must fill out a slip giving name, address and subject (available in the clerk of the board’s office, first floor, courthouse).
9:10 a.m., A-5: (a) Presentation of proclamation designating the month of November 2012 as In-Home Supportive Services Caregiver Recognition Month; and (b) presentation of certificates of commendation to Riley Casler, Sam Cunningham, Michael Stevens, Zack Tichava and Cori Van Eck
for their achievements at the Special Olympics Northern California Powerlifting Regional Competition.
9:15 a.m., A-6: Consideration of request to remove nuisance animal abatement orders, located at 22430 East Road, Middletown, CA (Justin Milne and Amanda Glover – Bella and Bruno).
9:30 a.m., A-7: (a) Consideration of recommendation by the Lake County Fish and Wildlife Advisory Committee to provide $2,736 to the High Sierra Volunteer Trail Crew, to support their 2012 illicit cannabis grows clean up efforts in the Mendocino National Forest.
9:45 a.m., A-8: Consideration of proposed lease agreement between the county of Lake and the Middletown Senior Citizens Inc.
9:50 a.m., A-9: Consideration of request to allocate funding to acquire satellite images of Clear Lake and its watershed.
10 a.m., A-10: Presentation regarding funding options available for environmental restoration of damage due to the Wye fires.
10:30 a.m., A-11: (a) Discussion/consideration regarding process and funding of real property projects: Middletown Sheriff Substation and Clearlake Oaks Sheriff Substation; and (b) consideration of request for staff direction regarding the development of a policy regarding the leasing and purchasing of real property.
11:30 a.m., A-12: Assessment Appeal Hearing: Velloo Family 2008 Trust - Application No. 92-2010 - 21016 Highway 29, Middletown, CA (APN 024-491-070-000).
NONTIMED ITEMS
A-13: Supervisors’ weekly calendar, travel and reports.
A-14: Consideration of request for letter of support of a Research Authorization (RA) permit through the State Department of Pesticide Regulation, for testing trials of granular form of aquatic weed herbicides “Navigate” and “Harpoon” in the waters of Clear Lake.
A-15: (a) Consideration of request to waive the consultant selection process; (b) consideration of request to approve proposal from Nacht & Lewis for an Adult Detention Facility Needs Assessment Study for the Lake County Jail/Hill Road Facility.
A-16: Consideration of appointment of interim central dispatch manager.
A-17: Consideration of proposed addendum one to agreement between the county of Lake and Sentinel Offender Services, LLC, for electronic monitoring services.
A-18: (a) Consideration of request to approve purchase of fixed assets: 10 Glock 17 duty weapons, 12 Glock 34 SWAT weapons, 10 Glock 17 magazines, 1 Model 40-XS .308W tactical weapon, 1 Mark 4, Leupold scope and 12 TREK 5.56mm suppressors; and (b) consideration of request to award bids to All State Police Equipment Co. in the amount of $6,565.10, LC Action Police Supply in the amount of $8,461.61, ProForce Law Enforcement in the amount of $2,643.11, and GemTech in the amount of $5624.55.
CLOSED SESSION
A-19: 1.Conference with labor negotiator: (a) county negotiators: A. Grant, L. Guintivano, M. Perry, J. Hammond and A. Flora; and (b) employee organizations Lake County Deputy District Attorney’s Association, Lake County Correctional Officer’s Association and Lake County Employees Association.
A-19: 2. Public employee performance evaluations: county counsel, and Health Services director/Veterans Services director.
A-19: 3. Conference with Legal Counsel: Existing Litigation pursuant to Government Code Section 54956.9 (a): Fowler v. County of Lake, et al.
A-19: 4. Conference with legal counsel: Significant exposure to litigation pursuant to subdivision (b)(2)(c) of Government Code 54956.9: One potential case.
CONSENT AGENDA
C-1: Approve minutes of the Board of Supervisors meetings held on Oct. 16 and 23, 2012.
C-2: (a) Adopt proclamation designating the month of November 2012 as In-Home Supportive Services Caregiver Recognition Month; and (b) adopt certificates of commendation to Riley Casler, Sam Cunningham, Michael Stevens, Zack Tichava and Cori Van Eck for their achievements at the Special Olympics Northern California Powerlifting Regional Competition.
C-3: Adopt Resolution approving grant contract with Petsmart Charities and appropriating unanticipated revenue to Budget Unit 2703 and 2711, Animal Care & Control, to fund Community Cat Spay/Neuter Project for the Kelseyville area (95451).
C-4: Adopt Resolution appointing directors of certain special district boards in lieu of holding a General District Election on Nov. 6, 2012.
C-5: Adopt resolution appointing directors to the East Lake Resource Conservation District.
C-6: Approve amendment to Konocti Unified School District Conflict of Interest Code and Policies, pursuant to district’s approval on Aug. 1, 2012.
C-7: Approve first amendment to agreement between the county of Lake and county of Del Norte, for Bar-O-Boys Ranch Placement (clarifying language of total compensation as $50,000 in any one fiscal year), and authorize the chair to sign.
C-8: Approve permit to conduct aeronautical activities at Lampson Field Airport (Jack Olof), and authorize the chair to sign.
C-9: Approve permit to conduct aeronautical activities at Lampson Field Airport (Tom’s Aircraft Enterprises), and authorize the chair to sign.
C-10: Approve first amendment to agreement between the county of Lake and Quincy Engineering Inc., for engineering services for replacement of the St. Helena Creek Bridge, No. 14C-0072, at
Hilderbrand Drive near Middletown, for an increase of $3,500 (for one additional plat and legal description), and authorize the chair to sign.
C-11: Approve maintenance agreement between the county of Lake and CityWatch, for upgrades to the Emergency Notification System, in the amount of $10,900, and authorize the chair to sign.
C-12: Approve California Emergency Management Agency FY 2012 Grant Assurances, and authorize the interim county administrative officer to sign.
LAKE COUNTY AIR QUALITY MANAGEMENT BOARD OF DIRECTORS
C-13: Authorize the air pollution control officer to sign and submit the FY Management District 2012-13 Subvention Applications and FY 2011-12 Year End Financial Report to the California Air Resources Board.
LAKE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS
C-14: Approve easement deed and direct clerk to certify for recordation (APN 039-472-16 - Angelena Hoerle), and approve right of way agreement between the county of Lake and the Angelena Hoerle for the construction of the wastewater force main sanitary sewer line, and authorize the chair to sign agreement.
LAKE COUNTY WATERSHED PROTECTION DISTRICT
C-15: Approve Amendment One to Agreement between the Lake County Watershed Protection District and GHD, Inc., for professional services for Phase III Site Remediation - 7950 Reclamation Road, Upper Lake and Phase I Environmental Site Assessment - 24 Parcels, and authorize the chair to sign.
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Lakeport Police Department issues Halloween travel advisories for school parade, evening fair
LAKEPORT, Calif. – Motorists were advised on Wednesday morning that they would need to use alternate routes on Halloween in order for a parade of little ghosts and goblins to make its way through town and to accommodate trick-or-treating and other holiday activities in the evening.
The Lakeport Police Department said that Main Street between First and Ninth streets will be closed from noon to 1:15 p.m. Wednesday for the annual Lakeport Elementary School Halloween parade.
Motorists are advised to be aware of the parade route and use caution when driving in the area. Lakeport Police and Lakeport Public Works units will be on site conducting traffic controls.
Between 5 p.m. and 9 p.m. Mellor Drive south of 20th Street and the entire length of 19th Street west of Hartley Street will be closed to traffic for a Halloween Fair that will take place on Mellor Drive between 19th and 20th streets. Motorists are advised to use caution when driving in the area.
Motorists and pedestrians also are advised to use caution and watch out for each other throughout the Halloween evening as there is expected to be heavy foot and vehicle travel in the residential areas of the city.
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Sheriff’s office veteran reinstated by board, vindicated of sheriff’s allegations
LAKEPORT, Calif. – A 20-year veteran of the Lake County Sheriff’s Office was reinstated over the summer after he and his attorney said he was the victim of an unlawful termination by the county’s sheriff, who is accused of engaging in personal retaliation.
Tom Andrews and attorney Sean Currin successfully fought Andrews’ August 2011 termination, with the Board of Supervisors voting unanimously at its June 26 meeting to uphold an arbitrator’s decision to reinstate him.
This week Currin released a statement about the case on Andrews’ behalf, pointing out that the board’s decision brought to an end a long and painful ordeal for Andrews, who had spent the majority of his career working at the sheriff’s office before he suffered a back injury in January 2011, which necessitated him going on disability.
Andrews, who underwent multi-disk replacement back surgery, was targeted by Rivero, said Currin, with Rivero accusing Andrews of workers' compensation fraud.
“Fortunately for Det. Andrews and the rest of the Lake County Sheriffs Department, the opinion of their megalomaniacal department head is not the last word,” Currin said, adding that Andrews had been vindicated of Rivero’s allegations of dishonesty.
Currin’s statement on Andrews’ case said Rivero interfered with the work of his department administrative staff who were investigating the case, making it clear how he wanted it concluded.
“He is going to be fired,” Rivero reportedly said of Andrews to Capt. Rob Howe, who has since left the department.
In addition, Rivero used information he received from his friend Tom Carter, who was prosecuted and convicted of a federal drug charge – and in whose prosecution Andrews was directly involved – as the basis for action against Andrews.
After the Board of Supervisors found in his favor in June, Andrews’ retirement was put into effect retroactive to the day after his termination August 2011 date.
This is the second time this year that the Board of Supervisors has reinstated an employee terminated by Rivero.
In March, the Board of Supervisors voted unanimously to reinstate correctional officer Melissa Wallahan, who had been terminated in June 2011 for an off-duty legal matter, as Lake County News has reported. She later returned to work.
Rivero will not respond to Lake County News’ requests for comment on stories after he blacklisted the publication last week in retaliation for its coverage of him.
In October 2011, Rivero’s office put out a press release in which he announced the termination of a sheriff’s office employee who he alleged had “engaged in dishonesty” regarding a workers' compensation claim.
Although the press release did not name the individual, Andrews’ case was the only one matching the circumstances outlined in Rivero’s statement, in which he attempted to justify his action with fraud allegations.
Currin credited the Lake County Deputy Sheriff’s Association and the Peace Officers Research Association of California’s Legal Defense Fund for their support of Andrews through the lengthy proceedings.
Background to the case
The injury that caused Andrews to file a workers' compensation claim occurred in January 2011, when he responded to the report of a suspicious death near Upper Lake.
The body of an Upper Lake woman had been discovered in Middle Creek after her husband reported her missing earlier that day.
When the mortuary came to collect the body they showed up with two people, one of whom was eight months pregnant at the time, Currin said. Andrews believed the woman should not have been lifting a heavy body from a creek in her condition and assisted the other mortician with the removal.
In doing so, Andrews significantly injured his back and subsequently filed a legitimate workers' compensation claim, Currin said.
The investigation that was part of Andrews’ appeal process revealed that shortly after he filed his workers' compensation claim, Lt. Brian Martin – who has since left the department – heard Rivero saying that he thought the claim was “bulls**t.”
Rivero believed Andrews timed his claim because he didn't want to work for him and that he wanted to work for former Sheriff Rod Mitchell, according to Currin.
Though Andrews was an outspoken supporter of the former sheriff, Currin said Rivero unjustly made the assumption that Andrews engaged in workers' compensation fraud.
While Andrews was on temporary disability, Currin said Rivero received a phone call from Tom Carter.
Carter told Rivero that Andrews had been bragging that he was out on disability because he didn't like the sheriff. Currin said Carter was “inexplicably” kept from internal affairs investigator Capt. Howe by Rivero and nobody was allowed to contact Carter as part of the investigation.
Direct testimony during the appeal proceedings proved that Andrews not only was never at a sporting event in Ukiah as Carter allegedly stated, but that Andrews was actually responsible for Tom Carter being criminally prosecuted, according to Currin.
In May 2011 Carter entered a guilty plea to one count of distributing or possessing with intent to distribute marijuana in a federal court in San Francisco, according to court records.
Based on the false information given to him by Carter, Rivero contacted York Insurance Services who in turn contacted LACO Investigations to conduct an investigation into Andrews’ workers' compensation claim, Currin said.
Currin said LACO Investigations followed and recorded Andrews' every move for several months. Even after the initial investigation had concluded, at Rivero’s request the Lake County Sheriff’s Office agreed to pay LACO Investigations additional money to continue their surveillance.
Andrews went to all of his doctor appointments and his doctors encouraged him to participate in his day-to-day life, Currin said.
Andrews said during the proceedings that doctors “encouraged me to do that which I am able to do to essentially determine whether I was going to be able to continue my performance as a peace officer. I have always been encouraged, even directly after I had the multi-disk replacement surgery, to go do what you can do … The absolutely worst thing for somebody, as it was relayed to me, who has had the surgery that I had, was to sit on my couch and do nothing."
A ‘biased’ investigation
On April 25, 2011, Andrews was deposed by York Insurance Services regarding his workers' compensation claim. Prior to the deposition, Rivero and the attorney for York Insurance Services viewed several months’ worth of video materials provided by LACO Investigations, Currin said. Andrews testified to the best of his recollection about all different kinds of activities he'd done while off work.
This deposition was the first workers' compensation deposition Rivero had attended involving a Lake County deputy, Currin said.
“The sheriff was so transparent regarding his motivation and clear prejudice against Det. Andrews that he had an administrative investigation and administrative leave paperwork prepared and delivered to Det. Andrews at the workers' compensation deposition alleging dishonesty concerning the very same deposition,” according to Currin.
Currin said all the questions that Andrews was allegedly dishonest about were intentionally nonspecific questions lacking any clarifying followup questions.
In addition, Lake County District Attorney Don Anderson reviewed the charging materials and determined the workers' compensation deposition was intentionally left vague and there were insufficient followup questions to arrive at the truth of the matter, Currin said.
Several weeks later, Howe interviewed Andrews, who Currin said had an opportunity to view the videos and answer any specific questions posed by Howe. Currin said Andrews was never accused of dishonesty based on his interview with Howe.
The Lake County Sheriff’s Office had the medical examiner in Andrews’ workers' compensation case view the surveillance videos and give a medical opinion as to the activities Andrews was engaged in, said Currin.
“This report provided irrefutable medical testimony indicating Det. Andrews was not dishonest regarding his injuries in what he could or couldn't do,” Currin said.
The doctor’s report stated, “I saw nothing in the investigational videos that caused me to conclude that Mr. Andrews was misrepresenting his physical condition.”
Despite having a neutral medical doctor opine that Andrews did not misrepresent his injury, Currin said Rivero made it clear to internal affairs investigator Capt. Howe that he wanted Andrews fired.
Following sheriff’s office policy, Howe forwarded his report to Capt. James Bauman so he could issue a proposed discipline, said Currin. Rivero also approached Bauman – who has since retired from the department – and told him that he needed to propose termination for Andrews.
Rivero subsequently intervened in the process, according to Currin, and served Andrews with a notice of proposed termination.
The case then went to arbitration. Currin said arbitrator John Wormuth determined the sheriff’s office lacked just cause in terminating Andrews’ employment.
In his findings, Wormuth emphasized that the sheriff’s office lacked the requisite proof, noting, “the Department must be able to ‘prove’ the facts on which it bases the discipline; and the Department has been unable to meet its burden of proof.”
The arbitrator took particular offense to Rivero’s conduct during the proceedings, adding, “the investigation conducted by the Department was not fair or impartial and could not reasonably serve to support the discipline of the Grievant.”
In addition, there was significant testimony from former members of the sheriff’s command staff who stated that they believed the sheriff was engaged in unethical activities, Currin said.
“This case seemed to highlight the unequal and biased investigation headed by Sheriff Rivero,” Currin said.
Currin, who works for the Sacramento law firm of Mastagni, Holstedt, Amick, Miller & Johnsen – which represents the Lake County Deputy Sheriff’s Association – said the association expects the sheriff to act fair and unbiased in all investigations.
Should Rivero continue his defiant behavior concerning the constitutionally protected due process rights of the association’s members, “similar results are sure to follow,” said Currin.
Before the Board of Supervisors went into closed session to discuss its final decision on the Andrews case at its June 26 meeting, both Currin and Andrews addressed the board directly.
“My personal opinion about this particular case is that the sheriff was being particularly vindictive towards Mr. Andrews,” Currin said. “The sheriff targeted him.”
Currin added, “Tom is a good man. It is unfair that he had to endure this process.”
Andrews noted that this past April would have marked his 21st year with the sheriff’s office. He said he had never endured anything like what Rivero had put him through.
“It’s been painful for myself and my family,” Andrews said.
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