LAKE COUNTY, Calif. – The California Highway Patrol said Monday evening that a collision involving Lake County’s sheriff and a pedestrian two weeks ago in Middletown was the pedestrian’s fault for crossing against the light at a signalized crosswalk.
CHP Officer Kory Reynolds of the Clear Lake Area office released the findings on the crash which occurred on the evening of Monday, Feb. 20, and involved Sheriff Frank Rivero, 53, and and 34-year-old Clinton Turney of Middletown.
Reynolds said Turney was found at fault but the CHP did not cite him nor was the agency recommending any prosecution in the case.
Turney was found at fault under Vehicle Code Section 21456(b), which states, “Flashing or steady ‘DON'T WALK’ or ‘WAIT’ or approved ‘Upraised Hand’ symbol. No pedestrian shall start to cross the roadway in the direction of the signal, but any pedestrian who has partially completed crossing shall proceed to a sidewalk or safety zone or otherwise leave the roadway while the ‘WAIT’ or ‘DON'T WALK’ or approved ‘Upraised Hand’ symbol is showing.”
The crash occurred at 7:50 p.m. Feb. 20 as Rivero, who was off-duty and driving his 2001 GMC pickup, was heading northbound on Highway 29 approaching Wardlaw Street, according to the CHP report.
Turney was walking east across Highway 29 at Wardlaw in a signalized crosswalk, according to Reynolds.
Reynolds said Turney told officers that he was crossing the street and not paying attention.
Turney told the CHP he heard Rivero’s truck but didn’t turn to look. He was hit on his right side just to the right of the middle front of Rivero’s pickup, Reynolds said.
At the time of the crash conditions were dark, and Turney also was wearing dark-colored clothing, Reynolds said.
The day after the crash Rivero’s office issued a press release stating that Turney “unexpectedly darted out” in front of him.
“That didn’t happen,” said Reynolds.
Reynolds said Rivero didn’t report to the CHP that night or at any later point that Turney “darted” in front of his vehicle.
Through a Public Records Act request Lake County News received a copy of Rivero’s cell phone conversation with Ukiah’s CHP dispatch center – where cellular 911 calls for this area are typically routed, according to the CHP – following the crash.
The call, which occurred at 7:53 p.m., was transferred to CHP by Lake County Central Dispatch. It can be heard by playing the sound file at the top of the article.
In it, Rivero tells the CHP dispatcher that he hit a pedestrian who was jaywalking against the light.
“I didn’t see him, I clipped him,” Rivero said.
While Turney was transported by air ambulance to Santa Rosa Memorial Hospital following the crash as a precaution, according to the original CHP report, he suffered only minor injuries.
Neither Turney nor Rivero were required to submit to blood draws or a breathalyzer test because CHP said neither man showed any signs of intoxication.
Turney met with the CHP a few days ago. “He’s fine,” Reynolds said.
At the time of the crash Turney was not on a cell phone, said Reynolds.
Reynolds said Rivero submitted a set of cell phone records to the CHP for Feb. 20. Those records showed that he was not on his cell phone when the crash occurred.
Making matters challenging for the CHP was the lack of eyewitnesses, said Reynolds.
Rivero’s statement to the public had claimed that witnesses confirmed he was “proceeding through the intersection at a low rate of speed through a green traffic signal.”
However, as to the crash itself, “Nobody actually saw it,” Reynolds said, which proved to be “the biggest stumbling block.”
Sgt. Rick Okazaki previously told Lake County News that two people who came forward as witnesses didn’t actually see the crash, but heard it.
Reynolds said the CHP was able to find video of the intersection, but it also didn’t show the crash. It showed Rivero’s pickup coming to the intersection and then moving out of the frame. The crash happened after that point, once the truck was out of camera range.
Reynolds explained that pedestrian-related collisions are especially challenging because they don’t usually leave behind a lot of physical evidence.
While Rivero’s involvement was an issue of public interest because of his status as an elected official, Reynolds said the investigation was handled with the same amount of care as any other incident.
“We wanted to make sure we had it right,” Reynolds said.
E-mail Elizabeth Larson at
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