CLEARLAKE OAKS – A local man was taken into custody Wednesday after leading sheriff's deputies on a high speed chase that reached speeds of 90 miles per hour from Middletown to Clearlake Oaks.

David Andrew Mello, 46, was arrested on felony charges of evading a peace officer and assault with a deadly weapon on a peace officer, as well as two misdemeanor counts of trespass and misdemeanor charge of resisting arrest, according to Capt. James Bauman of the Lake County Sheriff's Office.

On Wednesday at about 8:30 a.m., sheriff's deputies responded to the Harbin Hot Springs Resort on Big Canyon Road in Middletown to investigate a reported trespass, Bauman said.

A subject, later identified as Mello, had been staying at the resort but had refused to leave the property after being refunded his money and asked by resort staff to leave. Bauman said it also had been reported that Mello was unstable, was possibly under the influence of something and was ignoring the security personnel trying to get him off the property.

While searching the resort grounds, deputies located Mello seated in his white Chevy sedan near the Harbin Domes and attempted to detain him for the trespass. After repeatedly refusing to exit the car at the two deputies’ request, Mello attempted to put the car in gear to flee the detention, Bauman said.

One deputy deployed his pepper spray and the other deputy deployed his Taser on Mello to stop his attempt to flee but Mello managed to drive off with the Taser darts still embedded in his arm, according to Bauman's report.

Deputies attempted to pursue Mello but lost him on the Harbin property and a subsequent hour and a half search of the Middletown area had negative results, Bauman said.

While later searching the area of Mello’s home in Clearlake Oaks, deputies spotted Mello driving toward their location but he turned and went the other way. Bauman said deputies attempted a traffic stop on Lake View near Oak Grove but Mello ignored their lights and sirens and continued onto Highway 20, heading westbound.

Bauman said deputies pursued Mello through Clearlake Oaks as he turned back into the residential area and then back to Highway 20 where he then proceeded eastbound.

As the pursuit continued from Highway 20 onto Highway 53 toward the city of Clearlake, Clearlake Police units were summoned to set up spike strips on Highway 53 at Olympic Drive to disable Mello's vehicle. Bauman said Mello avoided the spike strips and deputies continued to pursue him into Lower Lake where attempts to box him in failed and he turned east on to Main Street.

As deputies pursued Mello through residential Lower Lake, Clearlake Police attempted to block him from re-entering Highway 53 from Jessie Street but he avoided their roadblock and continued north again on Highway 53, Bauman said.

As the pursuit continued up Highway 53 at speeds reaching 90 miles per hour, Mello swerved toward deputies attempting to block his path before turning westbound again on Highway 20 from Highway 53. Bauman said further attempts to box Mello in as deputies pursued his westbound on Highway 20 failed as he continually swerved towards deputies’ vehicles and continued leading them into Clearlake Oaks again.

Bauman said deputies continued their attempts to force Mello from the roadway as they entered town again but he continued to evade them and turned into the residential area again on Spring Street.

Mello eventually turned onto a deadend street near the Cal Fire Station and in trying to turn around, struck an oak tree. Bauman said Mello fled from his vehicle and led pursuing deputies on a foot chase for about 50 yards until one deputy closed in on him and deployed his Taser. Mello fell to the ground and was then taken into custody at approximately 12:30 p.m.

Bauman said Mello was transported and booked at the Lake County Jail, where he remained in custody late Wednesday with bail set at $25,000.

Neither Mello nor any of the deputies involved in the pursuit were injured and there was only some minor damage to one of the patrol vehicles from the attempts to get him off the roadway as they concluded the pursuit, Bauman said.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews and on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf .

LAKEPORT – On Tuesday the Board of Supervisors approved four helicopter contracts Sheriff Rod Mitchell requested for marijuana reconnaissance, but only after a lengthy discussion that touched on the effectiveness of current marijuana eradication efforts and a desire to quantify results.

The proposed contracts are with PJ Helicopters, $700 per hour, not to exceed $30,000; A&P Helicopters, $775 per hour, not to exceed $50,000; Cutting Edge Helicopters, rate of $490 per hour, not to exceed $10,000; and Sierra Air Helicopters Inc., rate of $525 per hour, not to exceed $10,000.

The contracts were the focus of greater concern this year following last summer's discovery that a sheriff's lieutenant was learning to fly a helicopter under the auspices of a federal Drug Enforcement Administration (DEA) grant, as Lake County News has reported.

Then-Lt. Dave Garzoli had negotiated a new operational plan for the DEA grant – which reimburses the county for the helicopter services – in order to get the flight time, which has since become the focus of inquiries by local officials and is now being investigated by the District Attorney's Office.

Supervisor Denise Rushing asked Mitchell if the reimbursement from the DEA is assured. Mitchell said yes, the DEA already had approved the grant funding for the 2010-11 grant year.

“We wouldn't expend any resources without that funding,” said Mitchell.

Rushing wanted to know if there were new oversight provisions in the proposed contracts. County Counsel Anita Grant said the contracts' language includes that “no flight instruction and/or pilot training shall be provided.”

Rushing asked at what point it was appropriate to discuss the county's overall marijuana eradication strategy. “And what happens if we don't sign this today?”

Mitchell responded, “If the board doesn't approve the contracts, we don't fly.”

Board Chair Anthony Farrington suggested the appropriate time to discuss strategy is when the county applies for the DEA grant.

Farrington asked if there were any issues arising from the fact that the county had submitted to DEA an operational plan that allowed for flight training, while the contract provisions with the helicopter companies didn't.

Mitchell said that the flight training being included in the operational plan doesn't mean the county is required to do it, and he suggested he could have that omitted from the DEA operational plan.

“I think that your question is a good one,” Grant said to Farrington. “I doubt in substance there's going to be a problem.”

She said the DEA should be advised that flight training is no longer under consideration and won't be an active part of any plan.

Rushing asked what would happen if the board didn't approve the contracts – would the DEA and the US Forest Service contract with others or would the county have to give back the money?

Mitchell said the county would have to give the money back. “This is marijuana-specific funding that includes the spotting and eradication.”

Rushing asked if the grant covered marijuana spotting and deputy time. Mitchell said it covered both. If the county didn't enter into the contracts, Rushing wanted to know what would happen. Mitchell said the money likely would go to another county.

Rushing then asked if the funds could be used for different things other than helicopters, such as hiring people familiar with the county's back country who could look for marijuana.

“I suppose we could get creative like that but the efficiency is going to be limited,” Mitchell said.

Supervisor Jeff Smith said that the impact of illegal marijuana growing and the use of dangerous chemicals on public lands is having negative effects both on the national forest and the lake. He said to him it wasn't debatable if they continued the eradication efforts, only if they had the money to do so.

Supervisor Rob Brown said he's noticed this year that “significantly more” arrests of people getting ready to plant illicit marijuana have been made around the county.

On Monday night he said the US Forest Service brought in several men to the Lake County Jail. From Monday night to Tuesday morning, six men were booked into the Lake County Jail after being arrested by Forest Service officials, with all of them being booked on immigration-related charges, according to jail records.

Program's effectiveness questioned

Lucerne resident Lenny Matthews questioned the program as a whole, and said she considered the federal eradication program “a bad idea” regardless of her expectation that the state will approve a November ballot to regulate, control and tax marijuana.

Matthews said the sheriff's only legal duty by definition is to run the jail and his moral duty is to protect the county's citizens.

Asserting that violent crime was up 22 percent in the county, Matthews said the department's deputies should be directed to child and elder abuse and domestic violence cases. She then accused Mitchell of misusing the program for flight training, “massive overtime” for deputies who are political favorites, and private joyrides by civilians and children.

Mitchell tried to break in and Farrington asked Grant if the comments were off topic. Grant said the comments were relevant, as Matthews was speaking to the recommendation to approve the contracts.

Continuing on, Matthews said flying helicopters is an “inherently risky business” that exposes the county to liability. Instead, she suggested that, with a one-month harvest window, law enforcement should use checkpoints with narcotic dogs around the clock during harvest time to guard the few exit points out of grow areas.

Brown asked if the money can be used elsewhere. Mitchell said the domestic cannabis eradication program funds are meant for eradication only. Brown followed by asking how many plants were eradicated with the funding last year. Mitchell said about half a million, with numerous arrests.

“Personally I would see that as successful,” said Brown.

Farrington said there has been disagreement on the board over the years about the program, and that he has his own concerns about the failure of the war on drugs. At the same time, he raised the issue of the trickle down effect of illegal grows and the impacts on Clear Lake from chemicals. He said the funds for the program can't be used for other issues like domestic and child abuse prevention.

“Are we increasing the county's liability dramatically by participating in this?” Rushing asked.

Grant said the contracts' language has county employees only as passengers, severely limiting liability. When pilot training was taking place “there was a dramatic and uninsured rise in liability,” Grant added.

Rushing said she was concerned about the damage to public lands and suggested the county needed to look more strategically at the problem, that there was a bigger picture beyond the helicopter contracts.

She said she was close to not wanting to support the contracts, but didn't want to abandon the forest to “thugs” either. “This is a tough one.”

Farrington suggested that it's hard to quantify the effectiveness of the program. He added that they're looking at less than $1 per plant for eradication, but Rushing replied that the number of plants eradicated is the wrong measure.

Rushing said she wanted a cost analysis of the best ways to fight the problem, along with an overall strategy of how to get this activity to cease on public lands. She said she had the impression that illegal grows on public lands had escalated dramatically since law enforcement started busting people who were growing in the open.

As long as there is a market for the drug, Farrington suggested it will be hard to control. The November ballot measure may address it. “Maybe the benefit-cost analysis doesn't pencil out,” he added.

Brown said arrests have been made on private property in Kelseyville recently in connection to such grows.

“This is a philosophical argument that will go on forever,” and until it's legalized the county has to do its part, Brown said.

Brown said it's a priority to him to keep the drug out of the hands of children, adding that the county is within two hours of “armies of drug members” who want to come here and produce illicit drugs.

He alleged that, because it's an election year, it's not politically correct to pursue crime. Referring to Matthews' comments about an increase in crime, Brown said there has been a 20-percent increase in arrests, which isn't the same thing.

It can be made into a political argument or a practical approach can be taken, Brown suggested. Despite an employee's error in judgment – a reference to Garzoli, who wasn't directly named – he said he'll continue to support the program.

He added that his concern “is making sure the public is protected, not some candidate's position is espoused,” which appeared to be a reference to sheriff's candidate Francisco Rivero, who has pointed to the statistic of increased violent crime.

Comstock said helicopters can discover things that “boots on the ground” can't, and that by not going forward with the contracts it would be an advertisement to “nefarious characters” that it was open season for growing in Lake County.

Mitchell said there is a longstanding and proven connection between marijuana profits and methamphetamine production. He said his department has received an additional state grant this year to deal with methamphetamine.

Rushing brought up creating a “least cost analysis” for eradication. Mitchell replied by saying that the most efficient way to identify the gardens is by helicopter.

Not only are illicit growers polluting public and private lands, “Some of them are killing each other,” he said.

In Mitchell's opinion, the proper thing to do – despite the November marijuana ballot measure – is to move forward with the marijuana reconnaissance.

He told the board he would send a copy of a modified operations plan to the DEA and the board, and see if his department can renegotiate some of the contract amounts for the helicopter usage.

In the meantime, Comstock moved all four contracts, which the board unanimously approved.

Mitchell told Lake County News later on Tuesday that his department has been awarded two grants for marijuana reconnaissance and eradication that will be taken to the Board of Supervisors for approval within the next week or two.

Specifically, the DEA is giving the sheriff's office $250,000, with another $40,000 coming from the US Forest Service.

“Both are marijuana specific grants,” he said. “DEA can be spent anywhere in the county, but USFS is for the national forest lands only.”

For his part, Rivero told Lake County News Tuesday that he opposes the use of the grants and that, if elected, he'll turn them down and not pursue the reconnaissance program, saying there are more important uses for deputies' time.

The other challenger in this year's sheriff's race, Jack Baxter, said he would definitely accept the grants and continue the reconnaissance program if elected sheriff.

“You're looking at organized crime,” he said of the illicit marijuana growing that the grants target.

While Baxter said he would want to look more closely at the program and the contracts, “On the surface it looks like a good program to me.”

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow Lake County News on Twitter at http://twitter.com/LakeCoNews and on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf.

Politics, I am finding out, can be a dirty and expensive business. Expensive, not just in money, but expensive in human toll – like on my family and our good name. False and disgusting accusations made against me could and should have been quickly looked into and discharged by Sheriff Rod Mitchell as a matter of procedure and common decency. That he has allowed these accusations to languish for more than three months, in the midst of campaigning for sheriff, is unethical and politically motivated.

I am a candidate for sheriff, a public office. Sheriff Mitchell’s actions are an abuse of my rights to run a campaign and essentially deny the rights of Lake County citizens to a free and fair election. For these reasons, I want to set the record straight and share with you the facts and circumstances surrounding the accusations.

To begin, I have been falsely accused of excessive force, gender profiling and sexual battery. The report that would quickly clear me of these false accusations is a matter of public record. The sheriff has access to this report and other details that would clear me. Now I will share that information with you.

On Dec. 21, 2008, one of my fellow deputies and I received a call to respond to a domestic dispute. A man called sheriff’s dispatch and reported his wife was beating him. We arrived and after an investigation, we arrested his wife for domestic violence. The other deputy transported the woman to jail while I stayed behind and took the report.

In January of 2010, while campaigning for sheriff, the woman I arrested in December of 2008 filed a complaint with the sheriff’s office alleging excessive force, gender profiling and sexual battery. This is not the first time she has done something like this. She had previously alleged that another deputy had sexually assaulted her, an allegation that was quickly deemed unfounded.

In fact, I could not have done what was alleged. I was never alone with my accuser; her husband and/or my fellow deputy were there during my entire contact with her. The other deputy transported her to jail and booked her. She did not complain or make any allegation to anyone at the time of her arrest. Her booking picture, also a matter of public record, belies her allegation that she was beaten and bleeding from the face when she arrived at the jail.

The procedure for resolving complaints like this is for the sheriff to order an investigation and in short order render a decision. That is the standard – unless the accused deputy is running against him for sheriff. Sheriff Mitchell had all of the information provided here at his fingertips when he received the complaint. He allowed false allegations to sit for months while my accuser made outrageous public accusations, also a matter of public record, all the while asking people not to vote for me. Although Sheriff Mitchell has ordered me not to talk, I must answer these accusations to save my good name and the dignity of my wife and son.

I entered this race with high hopes, new ideas and a desire to do the right thing for the citizens of Lake County as well as for my fellow officers. None of that has changed. Let me tell you from my heart I will never do to a fellow citizen or deputy what has been done to me.

In closing I hope Sheriff Mitchell finds the decency to conclude his so-called investigation before the June 8 election. Whether or not he does, Sheriff Mitchell’s actions should be seen for what they are – another example in a long series of failed decision making and leadership.

Please contact me at 707-295-6289 if you have any questions.

Deputy Francisco Rivero is running for sheriff-coroner of Lake County. He lives in Middletown.

LAKE COUNTY – The three men vying to become Lake County's sheriff will appear in two televised debates later this month and early in May.

Challengers Jack Baxter and Francisco Rivero and incumbent Rod Mitchell have agreed to debate in Lakeport in the Board of Supervisors chambers at the Lake County Courthouse, 255 N. Forbes St., on Wednesday, April 28, and in Middletown at the Calpine Visitor Center, 15500 Central Park Road, on Wednesday, May 5.

Both debates will begin at 6:30 p.m. Each is expected to last an hour and a half.

The debates are sponsored by Lake County News, the Lake County Chamber of Commerce and Calpine.

McKenzie Paine of Velocity Video Online, www.velocityvideoonline.com, will record the Tuesday debate for broadcast on TV8.

The public is invited to submit questions to Lake County News via e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it. ; fax, 707-274-8650; mail, P.O. Box 305, Lakeport, CA 95453-0305; or via Lake County News' Facebook page at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf .

Questions also may be submitted to the Lake County Chamber via e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it. , fax, 707-263-5194; mail, P.O. Box 295, Lakeport, CA 95453; or drop them off at the chamber office, 875 Lakeport Blvd., Lakeport. The chamber can be reached by telephone at 707-263-5092.

The format used for the debates will put the same questions to all candidates, so as much as possible questions should be broadly applicable.

A small number of questions will be taken via note cards at the beginning of the two debates.

Questions about the debates may be directed to debate moderator Elizabeth Larson, 707-274-9904, or at This email address is being protected from spambots. You need JavaScript enabled to view it. .

Follow Lake County News on Twitter at http://twitter.com/LakeCoNews and on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf .

 

 

LAKEPORT – The race to become Lake County's sheriff became more heated on Monday, when a challenger accused the sitting sheriff of railroading him by conducting an investigation into what he said were false allegations made by a local woman.

Deputy Francisco Rivero and his supporters gathered on the steps of the Courthouse Museum in downtown Lakeport on Monday morning where he revealed the investigation, which he said Sheriff Rod Mitchell is conducting in order to destroy his campaign.

Rivero said he is being investigated for sexual battery, excessive force and gender profiling following a December 2008 arrest of Hidden Valley Lake woman.

A second internal affairs investigation, not discussed specifically on Monday, involves an allegation that Rivero provided information from an official investigation to a witness who had not been interviewed, in violation of a direct order, according to documents released through Rivero's attorney, Victor Haltom of Sacramento.

“These allegations are false. They are completely fabricated and they are, in fact, politically motivated,” he said.

Mitchell would say in an interview later in the day that he was “appalled” that Rivero would break the confidentiality of the investigation in violation of a direct order.

He said his department is obligated to investigate any such claims filed by a citizen, which is why it was taking place, and that Rivero is making the issue public because of his own political motivations.

About 70 people looked on as Rivero was joined by Haltom, who defended Carmichael resident Bismarck Dinius in a felony boating under the influence case last summer. Dinius was acquitted.

Dinius was sitting at the tiller of a sailboat on the night of April 29, 2006, when it was hit from behind by an off-duty sheriff's chief deputy, Russell Perdock. Willows resident, Lynn Thornton, 51, died several days after the crash. Perdock was not charged criminally but both he and Dinius were involved in a civil suit, with the insurance for both men paying out $300,000.

Thornton's friend, Carol Stambuk, also made the trip to Lake County to support Rivero.

Throughout the press conference, Rivero and Haltom would make comparisons between the investigation against Rivero and the case against Dinius.

About 15 minutes before the 11 a.m. press conference, Rivero said he received a phone call from sheriff's Capt. Cecil Brown, reiterating that he was under orders not to discuss the investigation. Rivero went ahead with his statements, which Mitchell said constituted insubordination.

“I am being railroaded and I will prove that,” Rivero told his supporters.

Haltom stated that Rivero and fellow Deputy William Djernes were dispatched to a domestic violence call in December 2008. A man had called in to the sheriff's dispatch to report that his wife was assaulting him.

During the call Rivero arrested Rhonda Ann Rully, now 53, for misdemeanor spousal battery and a felony charge of inflicting corporal injury on a spouse.

In January of 2009, a charge of domestic violence not causing injury against Rully was disposed, but she was convicted of disturbing the peace, and sentenced to 40 hours community service, a $120 fine and one year probation, according to court records.

Haltom said Rully made the complaint this past January to Sgt. Brian Martin.

“When they're legitimate, the victims come forward right away,” Haltom said, based on his experience.

Haltom said Rivero is aware that he could be facing termination over his statements.

“He can't work in that sheriff's office unless he's elected sheriff,” Haltom said.

Rivero said he planned to disobey the order, because it violated his promise to run an open and transparent administration. He said there would be no more standing behind the excuse of “personnel issues.”

“I will be cleared. I guarantee you that,” he said.

Rivero said he was served with a notice of investigation at his home on March 27. He said the investigation was held until later in the campaign in order to destroy his chances of becoming sheriff.

He also accused the sheriff's office of leaking information about his investigation onto a local blog, and stated he was there to combat those kinds of leaks.

When Lucerne resident Lenny Matthews asked if the investigation was being handled according to normal procedure, Haltom said it was “abnormal,” and just like the Dinius case. “It is deja vu all over again,” he said.

Rivero, who currently is on an extended unpaid leave at his own request in advance of the June primary election, said he expects more retaliation if he returns to work as a deputy. “If I don't win this election I don't want to work there anymore anyway.”

He said that Perdock is still on administrative leave and is being paid not to work, while officers like former Sgt. James Beland – who was terminated in December 2008 – suffered the consequences for testifying during the Dinius case. Rivero said that another of his supporters, retired Sgt. Kip Ringen, was forced to retire after 28 years of service after he challenged Mitchell.

Rivero said he would rather be fired by the sheriff's office today than fired by voters on June 8.

His plans as sheriff include instituting a citizens oversight committee which he said has been used successfully elsewhere when departments are “out of control.”

“I need the support now more than ever,” Rivero told the group, encouraging them to speak to people about the sheriff's race, which he suggested is the most important election in the county's history.

“I want to return the sheriff's office to the people,” he said.

Haltom said in an interview late Monday that his hope is that the sheriff's office will “proceed rationally” regarding the allegations, which he said are blatantly and obviously false.

He said the matter could be cleared up quickly if Djernes was interviewed. Haltom said that based on information he had, Djernes hadn't been interviewed as of Saturday.

It was Djernes who transported Rully to the jail while Rivero stayed behind to interview her husband, Haltom said.

Haltom also suggested that any investigation could be turned over to an outside agency, as was done with a portion of an internal affairs investigation with Perdock, which Sonoma County handled.

He compared the order for Rivero to keep silent on the investigation to an illegal order given during wartime that a soldier is obligated not to follow.

Haltom said no specific hearing date has been set by the sheriff's office, but they are prepared to speak with sheriff's office officials.

However, both Haltom and Rivero assume that he'll be fired for speaking out. They've not discussed what to do in that case.

“Frank is either going to win the campaign and clean things out or he's not going to be in the department any more,” said Haltom, adding that Rivero can't work under Mitchell.

The third candidate in this year's sheriff's race, Jack Baxter, a retired San Jose Police sergeant, also was on hand for the event Monday.

“I think it's a little suspicious and disturbing that this comes up so late,” he said later Monday.

Baxter said the sheriff has “no choice” in investigating the matter, and that officers often are ordered to keep silent during the investigations.

However, Baxter said he was bothered that it took so long to get around to conducting the investigation.

 

 

 

 

 

 

 

 

Mitchell: Case is being handled according to the rules

On Monday afternoon, Mitchell said that the investigation, as is common with all internal affairs investigations, was confidential.

“There was no need for anyone to discuss it publicly and I am appalled that someone would openly defy a direct order,” he said.

Mitchell said Rivero's motivation in making the investigation public is purely political, and denied Rivero's allegation that the investigation had been leaked by department members.

It's standard practice, he added, for law enforcement agencies not to discuss the nature of investigations.

As it relates to internal affairs investigations, the rules of not disclosing information are meant both to protect the employee and the person making the complaint, he said.

Mitchell said the investigation began because of a citizen's complaint, which he said his department is mandated by law to investigate.

“We treat every allegation seriously,” he said.

Mitchell said it was appropriate to investigate the matter but the complaint wasn't pushed to the head of the line ahead of other investigations.

Explaining the timing of the investigation, he said that the woman in question – Mitchell did not name Rully specifically – called in a complaint in January and didn't follow up on it for a few weeks.

However, he said she did finally complete the complaint process and it was assigned to Sgt. Gary Basor, according to the internal affairs documents Haltom released.

On Jan. 30, Basor – who works as an independent contractor with the firm Kenyon International – left for a human remains recovery operation in earthquake-ravaged Haiti, after getting the call to go the previous day, as Lake County News has reported.

Basor did not return to work until Feb. 17. It's not clear when he began to look into the matter regarding Rivero; however, his notice of investigation to Rivero is dated March 26.

The language of the notice, which is standard, states, “For the benefit of all parties involved, this investigation will be completed as swiftly as possible.”

While Mitchell said Rivero's action in holding the press conference constitutes an interference with the investigation and a “cavalier disregard” for an order, he said his department still has an obligation to conclude the investigation.

People under administrative investigation can't be forced to speak, but if they fail to answer questions in an investigation they usually will face termination, which Mitchell said is “universal” in law enforcement agencies.

Mitchell said investigations need to be “integrity driven,” and they're not to be altered or interfered with by anyone.

“Rules apply to everyone, including Frank,” he said.

Obligated to investigate

Lake County News was unable to contact Rully, who reportedly has moved and has no listed phone number. She did, however, speak with a Bay Area news station on Monday, reiterating her complaint that she was injured and sexually assaulted by Rivero.

Rully had alleged several years ago that a deputy raped her, but that complaint was dismissed, Haltom said.

In March, a woman called in to a radio show on KPFZ 88.1 FM to state a similar complaint against Rivero, but Lake County News was unable to obtain a copy of that radio show by the end of the day Monday to verify if it was Rully.

Former District 1 Supervisor Ed Robey, a supporter of Rivero, said he was approached by a woman at a Lower Lake gas station within the last several weeks who said she was filing a complaint against Rivero.

Robey told Lake County News that he did not think that Rully's mugshot – taken December 22, 2008 – looked like the woman he approached him. Rully's appearance in the TV interview differed significantly from the mugshot.

Robey said the woman he spoke to briefly was driving a black Honda sedan, which is the kind of car Rully was shown getting into when KGO reporter Dan Noyes interviewed her Monday.

Lake County News contacted both the California Department of Justice and the California Commission on Peace Officer Standards and Training (POST) to ask about the legal requirements involved in handling such complaints.

Both Evan Westrup, the California Department of Justice's deputy press secretary, and Mike DiMiceli, POST's assistant executive director of the California Commission on Peace Officer Standards and Training, pointed to California Penal Code Section 832.5, which states, in part, that “that each and every agency in the state of California that employs peace officers shall establish a procedure to investigate complaints by members of the public.”

When a citizen submits a complaint, DiMiceli explained that a law enforcement agency must accept it, do something with it “and you have to notify the employee that you have it.”

Statements in an administrative review can be compelled, unlike how criminal complaints are investigated, DiMiceli said.

In addition, it's common for officers who are being investigated to be told not to discuss the matter, DiMiceli said.

“That's generally a standard admonition given to everyone that is interviewed,” he said, adding that employees can be bound with such an admonition.

The Lybarger Advisement, a document named for a court decision, notifies the officer of such admonitions, he said.

The Lake County Sheriff's Office provided Lake County News with a blank Lybarger Advisement form used in such investigations. The document instructs peace officers to cooperate fully with investigations and explains that failure to comply can lead to termination based on the grounds of “willful disobedience and insubordination.”

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews and on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf .

LAKE COUNTY – An appellate court has upheld the first-degree murder conviction of a man who killed his roommate three years ago.

The First Appellate District's Division Two affirmed the conviction of James Wade Roberts, 48, who murdered Ruth Donaldson in the Mullen Avenue home in Clearlake they shared on Feb. 23, 2007, according to court documents.

Roberts originally pleaded not guilty by reason of insanity but later was found fit to stand trial. He was convicted of first-degree murder with the special allegation of use of a deadly weapon on April 10, 2008, and he also admitted prior felony convictions. On April 15, 2008, after a one-day sanity phase, the jury returned a verdict finding him sane.

On May 9, 2008, Roberts was sentenced to 86 years to life. He filed an appeal the following month, according to the 42-page appellate decision, released late last week.

Previous to Donaldson's murder, Roberts – who had previously served time at Pelican Bay State Prison – reportedly developed increasing mental issues, believing he was Jesus Christ, God, Isaiah the prophet and telling his friends that he had been given powers from heaven. He also believed that he was a CIA agent hired to smuggle nuclear arms from Middletown to Oregon.

He began to believe that Donaldson had a demon inside of her, which he stated to several people, according to court records.

Donaldson suffered a single stab wound to the chest, but the pathologist found multiple wounds inside, meaning that the weapon and been redirected several times. She also had been strangled.

While Roberts was being held at the Lake County Jail, three mental health professionals attempted to evaluate him, but he only cooperated with one of them, psychologist Dr. Albert Kastl.

Kastl diagnosed Roberts with schizoaffective disorder, a diagnosis with which a psychiatrist and psychologist disagreed. An alternative diagnosis offered was antisocial personality disorder. It also was noted that Roberts used drugs like methamphetamine.

Roberts appealed his conviction, saying that the trial court erred in admitting evidence of statements he made to a nurse after his arrest, as well as statements he made while being transported to jail, alleging a violation of his Miranda rights.

The court found there was nothing to indicate the nurse was asking questions at the behest of police, and the latter statements during transport reportedly were not introduced into evidence and were only offered out of the jury's presence.

In his appeal Roberts also alleged prosecutorial misconduct, claiming District Attorney Jon Hopkins accused defense attorney Stephen Carter of misleading the jury during closing arguments. The appellate court didn't find Hopkins' remarks amounted to misconduct.

The appellate court affirmed the trial court's conviction in the unpublished opinion filed April 2.

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