The complaint against Sheriff Frank Rivero was made to the District Attorney's Office by 29-year-old Donald Earl Bohan, as Lake County News has reported.
Rivero did not respond to a request from Lake County News on Wednesday for comment on the case.
District Attorney Don Anderson said in the Wednesday statement that his office received the complaint from Bohan on June 10.
“The District Attorney’s Office is obligated to investigate complaints of peace officer’s abuse under the color of authority,” Anderson said.
Bohan was arrested June 9, according to Lake County Jail records. He remains in custody on numerous probation violations.
Other charges against him at the time of his arrest included possession of a hypodermic syringe or needs, obstructing a peace officers and use or being under the influence of a controlled substance, his booking sheet showed.
Anderson said the investigation's scope was to determine if any crime had been committed by any law enforcement personnel.
His staff interviewed Bohan, other jail inmates, deputy sheriffs and other witnesses, and reviewed medical reports, as well as both audio and video recordings of the incident.
Anderson's report said that Bohan ran from a Lake County Sheriff's deputy who was conducting an investigation on the evening of June 9.
Bohan ran through heavy brush before surrendering to the deputy while hiding in the brush, Anderson said.
Jail records show that Deputy Justin Newton was the arresting deputy in the case.
In his complaint to the district attorney, Bohan claimed that Rivero had arrived on the scene and pushed him to the ground while he was handcuffed, resulting in injuries, according to Anderson.
However, Anderson said Bohan's injuries were consistent with what he would have sustained as a result of running through the brush while trying to escape Newton.
Bohan also didn't mention being assaulted when he spoke with the physician, instead telling the doctor that his injuries were caused by running through the brush, Anderson said.
Anderson said there was no evidence to corroborate Bohan's account of the incident, but Newton's statements were corroborated by other witnesses, as well as the audio and video tapes and reports.
Neither Newton nor Rivero used excessive force while arresting Bohan or placing him in the patrol vehicle, Anderson's investigation found.
“The officers were well within the scope of force necessary to make an arrest,” he said.
Anderson also said that Bohan's complaint that Rivero verbally abused him does not constitute a threat or criminal conduct.
Jail records showed that Bohan was previously arrested in Lake County on May 20, when the same deputy, Newton, took him into custody for a felony probation violation, and misdemeanor counts of possession of a hypodermic needle or syringe and use or being under the influence of a controlled substance.
Capt. James Bauman of the Lake County Sheriff's Office told Lake County News that that agency had no other arrest records for Bohan beside those for the May 20 and June 6 arrests.
Lake County News contacted several law enforcement agencies in Napa County, where Bohan lives, but was unable to confirm if he had made any similar police brutality claims there.
Anderson's full statement on the case is published below.
STATEMENT FROM DISTRICT ATTORNEY DON ANDERSON
INTRODUCTION
On June 10, 2011 the Lake County District Attorney’s Office received a complaint from an inmate at the County Jail that he was physically and verbally abused by Sheriff Francisco Rivero during an arrest on June 9, 2011. The District Attorney’s Office is obligated to investigate complaints of peace officer’s abuse under the color of authority.
SCOPE OF INVESTIGATION
The scope of the investigation was to determine if any crime had been committed by any law enforcement personnel. In doing so, interviews were conducted with the complaining party, inmates at the county jail, deputy sheriff’s and other witnesses. Medical reports and statements made to the treating physician were reviewed. Both audio and video MAV tapes were reviewed of the incident.
FACTS
On June 9, 2011 at 8:34 p.m. the complaining party ran from a Lake County deputy sheriff conducting an investigation. The complaining party ran through heavy brush before surrendering to the deputy while hiding in the brush. The complaining party was arrested without incident.
Prior to being transferred into a patrol vehicle the complaining party stated Sheriff Francisco Rivero arrived at the scene and unjustifiably pushed him to the ground while handcuffed, causing him injuries.
The complaining parties’ injuries are consistent with injuries he would have sustained when running through brush trying to escape from the deputy. The complaining party told the treating physician the injuries were from running through brush and did not mention being assaulted.
The deputy’s statements were corroborated by other witnesses, MAV tapes and reports. There was no evidence to corroborate the complaining parties’ account of the incident.
FINDINGS
The deputy sheriff and Sheriff Francisco Rivero did not use excessive force when arresting the complaining party or placing him in the vehicle. The officers were well within the scope of force necessary to make an arrest.
The extent of the complaining parties’ complaint of verbal abuse by the Sheriff does not constitute a threat or any criminal conduct.
The criminal complaint of excessive physical force and verbal abuse is determined to be unfounded.
E-mail Elizabeth Larson at
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