MIDDLETOWN, Calif. – The Lake County Sheriff's Office said Monday that it's continuing its investigation into a driveby shooting incident that occurred last Friday in Middletown.

Capt. Chris Macedo said no one was injured in the incident, which occurred late on Friday, April 27. No arrests in the incident were reported Monday.

Middletown resident Sharon Dawson, who witnessed the incident – which took place in front of her home – told Lake County News in a Saturday interview that she had pulled a teenage girl into her home for safety just minutes before hearing two shots.

Macedo said sheriff's deputies were dispatched to a residence on Wardlaw Street in Middletown at 11:45 p.m. last Friday on the report of a male hitting a female with a handgun.

Two minutes after the caller reported the incident, the same caller reported hearing two gunshots come from an area just outside the residence, he said.

At approximately 11:59 p.m., deputies arrived on scene and contacted a witness, Macedo said.

He said the witness told deputies that he was with some friends near Store 24 in Middletown. One of the witnesses reportedly was conversing with another unknown male.

The two men then got into an argument and the unknown male pulled out a handgun and began waving it around, according to Macedo's report. The witness’ friend then challenged the unknown male with a handgun to a fight. 

A female friend of the witness started to walk away from the area, but was hit on the head with the handgun by the unknown male, Macedo said.

A friend of the witness then began to chase the unknown male suspect down the street after he struck the female with the handgun. Macedo reported that the witness said that one of his friends then went after the suspect who had struck the female with the handgun. 

Another unknown male and presumed friend of the suspect punched the friend of the witness in the face, Macedo said.

The friend of the witness then turned his attention to the unknown friend of the suspect. Macedo said the unidentified friend of the suspect then took the gun from the other suspect and pointed it at the friend of the witness.

Two unknown males in a SUV then pulled up and both suspects got in the SUV and drove away, Macedo said.

A few minutes later the witness and his friends were at the corner of Wardlaw Street and Lincoln Street when the SUV drove past their location, according to Macedo.

Macedo said the witness reported that as the SUV drove past them, the first suspect leaned out the passenger side of the SUV and fired two shots at the group.

The SUV then left the area, Macedo said. The witness reported that no one was hit or injured after they were fired upon. 

Lake County Sheriff’s Deputies checked the area for additional witnesses and or victims, Macedo said, adding that the case is currently under investigation.

Anyone with information on the case is asked to call the Lake County Sheriff’s Office at 707-263-2690.

LAKEPORT, Calif. – Lake County's sheriff is asking the Board of Supervisors to restore six positions to the jail staff in response to new demands created by correctional realignment, a request supervisors will consider at their meeting this week.

The board will meet beginning at 9 a.m. Tuesday, May 1, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live.

Sheriff Frank Rivero's request that the six unfunded correctional officer positions be restored to the sheriff-jail budget in the current fiscal year – and be funded for the coming fiscal year – is an untimed item.

Because of the state's correctional realignment, which resulted from AB 109, some prison sentences are being served in county jails. As a result, Rivero's report said the Lake County Jail is nearing full capacity.

“Due to the influx of inmates caused by this legislation, these positions are needed to maintain minimum staffing levels for the supervision of these incarcerated individuals,” he said in his memorandum to the board.

Besides housing costs, other associated needs such as transportation between facilities, court transports and medical visits have increased, he said.

One correctional officer costs $5,100 for four weeks. If all six positions were to be hired by June 1 – which Rivero said is “highly unlikely” due to the number of eligible candidates on eligibility lists and the background process – the total cost would be $30,600, Rivero reported.

Rivero said there is sufficient money in his budget to cover the officers and no additional general fund monies will be required to fund the new hires.

In another untimed item, the board will consider appointments to its newly formed Marijuana Cultivation Ordinance Advisory Board. The board is planning to begin the process of drafting a new cultivation ordinance as an alternative to Measure D, a marijuana cultivation initiative on the June 5 ballot.

The full agenda follows. Note: Some items are out of order due to an addendum being issued after the initial agenda was released.

TIMED ITEMS

9 a.m., A-1 to A-4: 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: Presentation of proclamation designating May 2012 as Mental Health Month.

9:15 a.m., A-6: Presentation of proclamation designating the month of May 2012 as National Military Appreciation Month.

9:20 a.m., A-7: Presentation on Microbetech’s technology and proposal for algae abatement services.

9:40 a.m., A-18: Presentation of proclamations to Bob Renker and Greg Campbell commending them on their years of service to the county of Lake.

NONTIMED ITEMS

A-8: Supervisors’ weekly calendar, travel and reports.

A-9: Consideration of the following appointments: Marijuana Cultivation Ordinance Advisory Board.

A-10: Consideration of proposed ordinance amending Article 1 Section 5-4f.2 of Chapter Five of the Lake County Code relating to the sale, use and display of fireworks in the unincorporated area of the County of Lake (correcting typographical errors on Ordinance 2971).

A-11: Consideration of proposed renewal agreement between the county of Lake and Petdata for licensing services.

A-12: Consideration of request to authorize the redesign the Lake County Mental Health Department and AODS as the Department of Behavioral Health and Recovery.

A-13: Continued from April 17, consideration of bid award for purchase of tables, benches and receptacles for Mt. Konocti Park.

A-14: Consideration of request to restore six unfunded correctional officer positions to the sheriff-jail budget.

A-15: Consideration of proposed agreement between the county of Lake and Michael T. Hardin Investigations, for pre-employment background investigation services.

A-16: Consideration of proposed first amendment to the agreement between the county of Lake and MGI-Madeira Group International, for pre-employment background investigation services.

A-19: Consideration of proposed joint resolution authorizing the cancellation of reserves in Lakebed Management and a budget transfer within Flood Control and Water Conservation District budget to purchase a full-sized, four wheel drive truck.

A-20: Consideration of proposed advanced step hiring of extra help Appraiser III Jim Campbell due to applicant’s extraordinary qualifications (fifth step salary range).

CLOSED SESSION

A-17: 1. Board of Supervisors/County Counsel 1.Conference with Labor Negotiator: (a) County Negotiators: A. Grant, S. Harry, L. Guintivano, M. Perry and J. Hammond; and (b) Lake County Deputy Sheriff's Association, Lake County Correctional Officer's Association and Lake County Deputy District Attorney's Association.

A-17: 2. Conference with Legal Counsel: Existing Litigation pursuant to Government Code Sec. 54956.9 subd. (a): Friends of Cobb Mountain v. County of Lake, et al.

A-17: 3. Public employee appointment: County administrative officer/clerk of the board

CONSENT AGENDA

C-1: Approve minutes of the Board of Supervisors meeting held on April 24, 2012.

C-2: Adopt proclamation designating May 2012 as Mental Health Month.

C-3: Adopt proclamation designating the month of May 2012 as National Military Appreciation Month.

C-4 Board of Supervisors Adopt Proclamation designating the month of May, 2012, as Building
Safety Month.

C-5: Adopt resolution approving the standard agreement between the county of Lake and the State Department of Rehabilitation for vocational rehabilitation services Fiscal Year (FY) 12/13, and
authorizing the director of Mental Health to sign Agreement No. 28593.

C-6: Approve second amendment to agreement between the county of Lake and Jason K.T. Trent, MD, for pathology services (regarding timeliness of response), and authorize the chair to sign.

C-7: Approve agreement between the county of Lake and the Lake County Office of Education for Fiscal Years 2011, 2012 and 2013, for Community Based Child Abuse Prevention (CBCAP) services, in an amount not to exceed the maximum state budget allocation for CBCAP services, and authorize the chair to sign.

C-8: Approve the memorandum of understanding between the Lake County Air Quality Management District and the North Coast Air Quality Management District to transfer remaining Year 12 Carl Moyer Grand Funds, including interest, in the amount of $128,446.62, to the North Coast Air Quality Management District, and authorize the air pollution control officer to sign.

C-10: Adopt proclamation commending Bob Renker for his years of service to the county of Lake.

C-11: Adopt proclamation commending Greg Campbell for his years of service to the county of Lake.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .

LAKE COUNTY, Calif. – Lake County’s sheriff is asking a court to make the county provide him legal counsel in response to a District Attorney’s Office inquiry into his allegedly lying about a 2008 shooting, an effort the county plans to fight in court.

The Fullerton-based law firm Jones & Mayer filed a writ of mandate on Sheriff Frank Rivero’s behalf on March 26, arguing that California Government Code requires the county provide counsel in cases where county counsel has declared a conflict.

On Wednesday, April 25, the county filed responses from County Counsel Anita Grant’s office, the Board of Supervisors, Board Chair Rob Brown and District Attorney Don Anderson.

A hearing has not yet been set in the case.

Rivero was investigated by Anderson for having allegedly lied to sheriff’s investigators after the shooting, which occurred on Cobb on Feb. 19, 2008, while Rivero was still a deputy.

A previous District Attorney’s Office report from 2010 explained that Rivero had reportedly told a sergeant that the male subject he shot at was holding a lighter in one hand and a can of pepper spray in another. He later told another sergeant that he could not see what was in the man’s hand.

The 1963 U.S. Supreme Court case Brady v. Maryland requires prosecutors to notify any defendant in a criminal case of information that might be exculpatory. That applies to law enforcement officers who have credibility issues.

A series of emails Lake County News received from the county through a Public Records Act request last month revealed that Anderson had investigated the allegations that Rivero had lied.

Anderson told Lake County News in March that a final determination in the case – which could result in Rivero receiving a “Brady letter” and being placed on a list of officers with credibility issues – was pending a response from Rivero. The full story including those documents can be found at http://bit.ly/AD8RKd .

If Rivero were to be placed on a Brady list it would mean the District Attorney’s Office would notify the defense in any case in which Rivero was involved as a witness.

Board turns down counsel request

Rivero’s filing stated that he asked the Board of Supervisors on or about Feb. 21 to appoint independent counsel to assist him in the matter of Anderson’s inquiry into the shooting. The request actually first went to the board on Feb. 14.

Grant declared a conflict of interest in the case, but the board’s discussion on the matter – which was continued over several weeks – resulted in the board asking Grant to explore creating an “ethical wall” in order to be able to represent Rivero.

Grant had indicated that her staff previously had created such an ethical wall, which includes maintaining separation among files, records and information in order to prevent the release of confidential information to opposing counsel.

While Anderson had indicated he was willing to waive the conflict, after the board directed Grant to investigate creating the ethical wall on Feb. 21, Rivero responded by saying he would not waive the conflict, as Lake County News has reported.

At its March 6 meeting the board voted 4-1 – with Supervisor Denise Rushing voting no – to turn down Rivero’s request for representation.

Rivero’s March 26 filing stated that Anderson had reopened the investigation because Anderson believed that Rivero had been untruthful in statements during the shooting investigation, with Anderson reportedly informing Rivero that he would be deemed a “Brady officer.”

The document states, “The honesty and credibility of a peace officer are the essence of his or her ability to function as an officer.”

It continued that Rivero being designated as a Brady officer is “likely to continue to have a materially detrimental effect” on Rivero’s ability to fulfill his duties as sheriff.

Rivero and his attorneys argue that under Government Code Section 31000.6 the Board of Supervisors is statutorily obligated to provide legal counsel to assist the sheriff in performing his duties in cases where county counsel has a conflict.

As such, Rivero is seeking a writ ordering the board to hire him independent legal counsel in order to “assist him in dealing with the issues presented by the actions and pronouncement of the District Attorney.”

Anderson explains inquiry

Anderson’s filing explains that he began the inquiry into the shooting in early 2011. On or about March 9 of that year he received information from Michael Sobieraj, the deputy who had been on duty with Rivero during the shooting, that Rivero had lied during the incident’s subsequent investigation.

Anderson’s office currently is pursuing prosecutions in People v. Carrillo and People v. Johnson, which involve alleged Hells Angels’ members participation in a fight at Konocti Vista Casino in June 2011. Rivero became personally involved in the case when he went to the casino to get surveillance tapes that the casino wouldn’t turn over to his deputies.

Last September, Michael Clough, the attorney for Nicolas Carrillo, requested evidence that Brady v. Maryland requires be disclosed, Anderson’s declaration said.

The document explained that from Nov. 16 through Dec. 27 of last year, Anderson provided Rivero with the chance to appear before a committee headed by Anderson to offer his comments and objections pertaining to the disclosure. Anderson said he had not made a final determination during that time regarding the disclosure of the documents.

Anderson said he also offered to hold an informal meeting with Rivero to discuss the document disclosures. He said that meeting would offer Rivero the chance to submit documents on his behalf and have counsel present. Such a meeting, Anderson argued, does not interfere with Rivero’s investigatory duties as sheriff.

Board: Rivero mischaracterizes law, hasn’t exhausted available remedies

In the board’s response, it alleged that Rivero “misstates, mischaracterizes, and misapplies the laws of the State of California regarding the employment of legal counsel to assist the sheriff in the event of a conflict of interest,” argues that Rivero has not exhausted the administrative remedies available to him and that the ethical wall could resolve the representation issue.

In addition, the board argued that legal counsel for Rivero in an informal meeting with Anderson is unnecessary, and that a writ forcing the board to offer Rivero legal counsel “would compel an illegal act or a violation of duty by a public officer, and would tend to aid an unlawful purpose.”

Because the board argues that it holds “broad budgetary and nonbudgetary” powers over Rivero, it has concluded that the taxpayers would be better served if the county counsel provided him with representation.

“The chaos that would result if each agency of government were allowed to dictate to the legislative body the amount of money that should be appropriated to that agency, or its staffing and salary levels, is readily apparent,” the county argued.

The board’s statement argued that a hearing before a judge to determine if the ethical wall is appropriate is the proper step, not a writ of mandate, and is asking for Rivero’s writ to be denied and for the county to recover its costs from the proceedings.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .

LAKEPORT, Calif. – The Lakeport Police Department has received another report of an indecent exposure case – the second case in the span of two days that has occurred within the city – and police believe the two incidents may be related.

Lakeport Police Chief Brad Rasmussen reported that at 10:50 a.m. Wednesday his officers received a report of a male subject exposing himself to an adult female victim at South Main Street and Lakeport Boulevard.

The female victim told police that prior to the exposure incident she was driving south into the city of Lakeport from the North Lakeport area and noticed a newer model blue Chevrolet Impala – with
an air fin on the trunk – traveling directly behind her, according to Rasmussen.

After reaching the intersection of South Main Street and Lakeport Boulevard, the woman saw the Impala pull up directly alongside and left of her vehicle and she heard a horn honk coming from her left side, Rasmussen said.

The victim looked to her left and saw the driver of the Impala masturbating while looking directly at her, according to the report.

The suspect driver was described as being a white male adult, 30 to 35 years of age, thin build and wearing a black baseball cap, sunglasses, white t-shirt and blue jeans.

Rasmussen said that description has similarities to the suspect in an indecent exposure case reported on Tuesday.

In that case, a woman was jogging in the area of Second and Tunis streets early Tuesday morning when she said a man ran up behind her while masturbating.

That suspect was described as a white male in his early to mid 20s, approximately 6 feet tall with a thin build, with short to medium length dark brown wavy hair and no facial hair, wearing a loose fitting, dark navy blue hooded sweatshirt and faded blue jeans.

Because of the similarities in the descriptions, Rasmussen said police believe the two incidents are related.

The Lakeport Police Department is asking for anyone with information on the two incident to contact the agency as soon as possible.

This investigation is ongoing and officers are currently following up on leads.

Contact the Lakeport Police Department at 707-263-5491 or This email address is being protected from spambots. You need JavaScript enabled to view it. .

LAKEPORT, Calif. – Police are searching for a male suspect who allegedly exposed himself to a woman early Tuesday morning.

A report from the Lakeport Police Department said the incident occurred shortly before 6:30 a.m.

A woman reported to police that she was jogging near Second and Tunis streets when she heard footsteps.

She looked back and found the male suspect running closely behind her while masturbating, police reported.

Police were dispatched to the area and officers contacted several people as part of their investigation, but could not locate the subject, Lakeport Police reported.

The subject was described as a white male in his early to mid 20s, approximately 6 feet tall with a thin build.

He had short to medium length dark brown wavy hair and no facial hair, and was wearing a loose fitting, dark navy blue hooded sweatshirt and faded blue jeans.

Police said the investigation is ongoing.

If you have any information regarding this case contact Officer Jarvis Leishman with Lakeport Police Department at 707-263-5491 or This email address is being protected from spambots. You need JavaScript enabled to view it. , or the department at This email address is being protected from spambots. You need JavaScript enabled to view it. .

LAKE COUNTY, Calif. – The Lake County Sheriff’s Office Explorer Post No. 7295 participated in a regional competition in Chico on Saturday, April 21, with its members putting on top performances.

Approximately 150 Explorers from law enforcement agencies throughout Northern California took part in the weekend competition, according to Sgt. John Gregore of the Lake County Sheriff's Office.

Gregore said Explorers are divided into two- to four-person teams and compete in team events and individual events.  

The Lake County Sheriff’s Office Explorer Post sent three teams to the event this year. Gregore said the local Explorers did an outstanding job at the event, scoring highly in Crime Scene Investigation and Burglary in Progress scenarios.  

He said one team received 98 points out of 100 in High Risk Traffic Stops, while another team won second place for regular traffic stops and were one point away from first place.

Explorers also individually competed in physical agility, bicycle obstacle course, driving simulation, shooting simulation, use of force and a typical law enforcement written exam, Gregore said.

Participation in these events allows Explorers from smaller agencies an opportunity to utilize different training tools available to law enforcement, he explained.

Gregore added that the post's young men and women “represented the Lake County Sheriff’s Office and the citizens of Lake County with integrity, dedication and honor.”

The Lake County Sheriff’s Office Explorer Program is designed for young men and women who are either interested in a career in law enforcement, or are interested in learning more about law enforcement.

They learn how to handle typical law enforcement activities like traffic stops, high risk traffic stops, building searches and domestic violence situations.

Explorers also work within the community during special events, typically assisting with parking and traffic control.

Explorers must be 14 to 20 years old, with a minimum 2.0 grade point average. They also must be of good moral character with a clean criminal record and be willing and able to attend regular meetings and scheduled volunteer functions.  

Anyone interested in becoming a Lake County Sheriff’s Office Explorer can visit www.lakesheriff.com , or contact Sergeant John Gregore or Det. John Drewrey at 707-262-4200.