LAKEPORT, Calif. – The Lakeport Police Department said Wednesday that a man whose body was found last month in a creek bed appears to have died of a heart condition.
The body of Charles Richard Goodrich, 65, was discovered in Forbes Creek on Jan. 17, as Lake County News has reported.
Police initially reported that Goodrich's death appeared to be accidental.
On Wednesday, Lakeport Police Sgt. Kevin Odom said the agency received a copy of Goodrich's autopsy report the previous day.
Odom said the autopsy findings indicated the most probable cause of death was a sudden cardiac dysrhythmia – also known as an irregular heartbeat – related to a prior medical condition.
“Based on our investigation and the autopsy, this investigation has been closed,” Odom said.
LAKEPORT, Calif. – After devoting time both during its morning and afternoon sessions on Tuesday to the sheriff’s request for legal representation in a dispute with the district attorney, the Board of Supervisors held over making a decision until next week while it attempts to get more of its questions answered.
County Counsel Anita Grant told the board that she felt she had to declare a conflict of interest and therefore could not represent Sheriff Frank Rivero in his dispute with District Attorney Don Anderson.
Grant told the board during the morning session that the matter “could lead to further legal proceedings at this time.”
Rivero said there is a possibility that if he has legal representation soon that there is a potential resolution ahead of going into full litigation involving himself, the sheriff’s office, the District Attorney’s Office and the county.
However, Rivero warned, “If the board opts to wait and see what happens and the DA forges forward with this adventure and the expected results occur, then we’ll be back here again but under much more different circumstances and more than likely much more expensive circumstances, because at that point it will require litigation as opposed to the possibility that this could be resolved by some other means as long as there are open channels of communication between an attorney or attorneys.”
One of the key questions to arise was whether Rivero was eligible for legal representation through the Peace Officers Research Association of California (PORAC), which both Grant and Rivero were attempting to determine.
By day’s end Rivero had stepped out of the board chambers to take a phone call from a PORAC legal representative, and with no answer forthcoming the board adjourned the matter to next Tuesday, Feb. 21.
Anderson was not present for the discussion, but told Lake County News in an interview last week that he could not elaborate because the matter was confidential.
2008 shooting at heart of case
Rivero told the board that Anderson had “resurrected” a shooting Rivero was involved in on Feb. 19, 2008.
“That shooting was fully investigated at the time by the former DA’s office,” said Rivero. “The determination at that time was my actions were fully appropriate.”
In that incident, Rivero and another deputy, Michael Sobieraj, responded to a call in Cobb regarding a missing person. They would find Victor Rodin, who reportedly had been suffering mental problems, inside his girlfriend’s dimly lit home.
Rodin refused to comply with the deputies’ orders. Sobieraj told investigators that he heard Rivero tell Rodin, “drop the pepper spray, drop the pepper spray.” He said he could not see pepper spray in Rodin’s hand, but did see him holding a lighter.
Rodin – as well as his girlfriend – later told investigators that he had pepper spray, according to a 2010 district attorney’s report.
The situation escalated and Rivero shot his .45-caliber Glock handgun at Rodin, with the bullet lodging in a door frame. Rodin was not hurt.
Then-District Attorney Jon Hopkins found there was insufficient evidence to support filing criminal charges against Rivero for excessive use of force.
Hopkins’ final report was issued in September 2010. He had reopened the investigation earlier that year, as Lake County News has reported.
Hopkins told Lake County News in a September 2010 interview that while he had previously determined that there wasn’t a criminal filing to be made, “It troubled me that we had the inconsistencies that we did.”
At that time, Hopkins cited obligations that district attorneys have under the U.S. Supreme Court’s 1963 decision, Brady v. Maryland, which requires that prosecutors notify defendants in criminal cases whenever a law enforcement officer involved in their case has been found to have knowingly lied in the course of their official duties.
Due to concerns about those obligations, and because he said officials are advised to err on the side of caution, Hopkins reopened the investigation in 2010.
Hopkins’ report stated that Rivero initially told an investigator on the night of the shooting that he had found Rodin holding a lighter in one hand and pepper spray in the other, and that Rodin bent over to pick something up and pointed it at him, leading to him discharging his handgun.
Rivero then reportedly told a second investigator the next day that he found Rodin with a a lighter in his right hand “and something in his left hand that he was concealing behind his left leg.”
Rivero supplied supervisors with a memorandum dated September 25, 2008, addressed to him and written by Capt. James Bauman, stating, “The circumstances surrounding that incident have been thoroughly investigated in accordance with fatal incident protocol and it has been determined that your actions were appropriate, justified and in accordance with department policy. No further action shall be taken and you may consider the matter closed.”
“The investigation itself could lead to the crippling of my ability to do my job,” Rivero told the board Tuesday.
Board Chair Rob Brown asked Rivero to explain that statement, noting that the Bauman memo said nothing about the district attorney’s investigation. He also suggested that they should wait for the investigation to go forward and see what it yielded.
“We don’t know where the DA is headed with this,” said Rivero, adding that he needed to be represented by the county in his capacity as sheriff.
Brown said he wasn’t convinced, and he was not sure how it could limit Rivero’s ability to do his job.
He also asked Rivero, “Are you now, or have you tried to prevent this investigation from occurring?” Rivero said no.
Supervisor Denise Rushing asked if there was a way to manage the amount that would be spent on legal representation. “It looks like we’re writing an open check.”
Grant said it was a good question. “Ultimately, the board does hold the purse strings on this,” she said, but added it’s difficult to put a limit on expenditures at this point in the process.
Brown questioned whether the county had exhausted the possibility of legal defense for Rivero through PORAC or the Lake County Deputy Sheriffs Association.
Supervisor Anthony Farrington asked if representation is required at this point or if it’s too premature. He also questioned if Rivero would be hampered throughout the investigation process.
Grant said it’s not the investigation that is the issue. “The issue is the outcome of the investigation,” she said. “The outcome may very well impair his ability.”
Brown suggested Rivero should lay the matter out for the public and let the community know what’s going on. Grant suggested that in Rivero’s case, “to disclose too much at this point could prejudice his own interests.”
Rivero told the board, “I have given you at least a very clear indication of what this is about,” referencing the shooting.
If he didn’t get assistance early, Rivero suggested it could be more expensive in the long run, and could involve full litigation with him, Anderson, their departments and the county.
Brown asked what Rivero meant by litigation. Rivero responded by saying a writ of mandate, which would prohibit the district attorney from proceeding with his intended actions.
Brown asked if the taxpayers were going to pay an attorney to stop Anderson from doing his job. Rivero said that would be he case if Anderson “is going outside of his prescribed authority.”
During the discussion Brown suggested that he wanted to check with PORAC and also wanted more information about if the district attorney previously had considered the investigation closed before Anderson's recent inquiry into the case.
Brown pointed out that a case involving allegations of assault against interim Clearlake Police Chief Craig Clausen had been reopened last year – in that case, by Rivero – after it had been considered closed.
Rivero suggested that the investigation into his officer-involved shooting could potentially impact every one of his officers, as well as every officer in the state, because there are “overarching issues.”
As to the potential source of funds for Rivero’s defense, County Administrative Officer Kelly Cox said the money could come from within Rivero’s budget, noting he has worked hard to realize savings in the sheriff’s office.
After about 45 minutes of discussion, the board continued the matter to the afternoon to allow Grant time to check with PORAC. When they reconvened, she said both she and Rivero had attempted to contact a PORAC representative via phone and e-mail, and were waiting for a response.
Rivero wanted to bring forward Chris Macedo, recently promoted to captain within the sheriff’s office, to explain his past discussions with district attorney staff about the matter being closed.
Brown replied that during the lunch break he had received information that the District Attorney’s Office had not previously closed the investigation into Rivero's officer-involved shooting.
Macedo, who was an administrative sergeant at the time of the shooting, told the board he investigated the shooting and determined it was justified.
He stated he spoke to John Flynn, a district attorney’s investigator, who told him that a parallel investigation also was complete and there was no issue. Macedo said he had no written verification, just verbal communications.
Rivero asked the board to move his request for legal representation forward “as quickly as possible,” adding the longer it drags out, the worse the situation gets.
Regarding the facts of the case, Rivero told the board, “I’ve given you all I can give you without compromising other peace officers,” a stance he said was based on information he had received from experts.
He added that he never expected the case “to come back and haunt me four years later,” and said he doesn’t think it would have if he wasn’t the sheriff.
According to Rivero, he’s already spent an “inordinate amount of time” on this investigation and other investigations Anderson has launched.
Rivero said he has the public’s trust to consider. “If they believe I am under some type of cloud, and for whatever reason the DA comes to that conclusion, I have to fight that. I have no choice,” he said, explaining, “I am being forced to take the actions that I’m taking.”
During the discussion Rivero received a phone call from PORAC and left to take it in Cox’s office. When, after about an hour, the board still didn’t have an answer from Rivero on the legal representation, Brown continued the matter to next week, noting that he would try to get the matter on as early as possible on the Feb. 21 agenda.
CLEARLAKE, Calif. – A Clearlake woman was arrested over the weekend after she allegedly was found with meth, drug paraphernalia and a large amount of cash.
Kristina Danielle Napier, 35, was arrested as a result of the search, according to Clearlake Police Sgt. Rodd Joseph.
Joseph said that on Saturday, Feb. 11, at 5 p.m., Clearlake Police went to conduct a parole search of 26-year-old Randy Davis’ residence located in the 14600 block of Alvita Ave. He said Davis’ parole agent had provided officers with specific information as to where Davis lives on the property.
Officers discovered that Davis was not home at the time, but Joseph said they found Napier seated on a couch when they arrived, Joseph said.
Napier was found to be in possession of a methamphetamine pipe and a small amount of suspected methamphetamine on her person, he said.
Joseph said officers also discovered a bag of suspected methamphetamine in between the couch cushions where Napier had been seated, and three additional bags of suspected methamphetamine in a purse also next to where Napier had been seated.
During the parole search of the home officers located packaging materials, a scale and a police scanner, Joseph said. Napier’s cellular phone also contained evidence that she was involved in the sales of methamphetamine.
Additionally, more than $1,200 was located in the purse along with the suspected methamphetamine and over $700 was found in a dresser in the home, Joseph said.
He said the total quantity of suspected methamphetamine was over an ounce. The money was seized pending judicial asset forfeiture proceedings.
Napier was charged with possession of controlled substances for sale and possession of drug paraphernalia. She was booked into the Lake County Jail, with bail set at $25,000. Jail records indicated she later posted bail and was released.
Davis, a parolee, was arrested on Monday on a parole violation by Clearlake police officers, Joseph said. Davis was booked into Lake County Jail on a no-bail hold, according to jail records.
LAKEPORT, Calif. – A request to hire outside legal representation for the sheriff due to a conflict of interest for the county counsel and a donation to local trail volunteers are on this week’s Board of Supervisors agenda.
The meeting will begin at 9 a.m. Tuesday, Feb. 14, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live.
In an untimed item, County Counsel Anita Grant will take to the board a request to hire outside legal counsel to represent Sheriff Frank Rivero in a dispute with District Attorney Don Anderson, an issue which Lake County News reported on last week. Find the article at http://bit.ly/xBbZt4.
Grant’s report to the board explains that while her office generally represents the county government, “There is presently a dispute between the Sheriff and the District Attorney which creates a situation where their interests are adverse and a conflict of interest exists for my office to represent either of them in this matter.”
She goes on to note, “The matter at issue could affect the ability of the Sheriff to perform the functions of his office.”
In other news, at 9:10 a.m. the Sierra Club Lake Group will present a $500 donation to the county of Lake and the Highland Springs Volunteer Group in support of the group’s ongoing efforts to maintain the trails of Highland Springs.
The full agenda follows.
TIMED ITEMS
9 a.m., A-1 through A-3: 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., A-4: 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: Sierra Club presentation of donation to the Highland Springs Volunteer Group in support of their efforts to maintain the trails of Highland Springs.
9:15 a.m., A-6: Public hearing, consideration of proposed naming of a certain existing unnamed road in the County of Lake (Cascio Way).
A-11: Supervisors’ weekly calendar, travel and reports.
A-12: Consideration of sheriff’s request for legal representation pursuant to Government Code Section 31000.6.
A-13: (a) Consideration of request to waive the formal bidding process and make a determination that competitive bidding would produce no economic benefit to the county; and (b) consideration of proposed Budget Transfer B-102, from Budget Unit 2301 Fixed Assets, in the amount of $1,277 for the purchase of video surveillance cameras; and (c) consideration of request to authorize the sheriff-coroner/assistant purchasing agent to issue a purchase order to Polestar Computers, in the amount of $28,277, for the purchase and installation of video surveillance cameras at the Hill Road Jail.
A-14: Consideration of request to waive travel policy requirements and approve payment of late travel claims per the sheriff’s memorandum dated Jan. 31, 2012.
CLOSED SESSION
A-15 – 1. Conference with Labor Negotiator: (a) County Negotiators: A. Grant, S. Harry, L. Guintivano, M. Perry and J. Hammond; and (b) Employee Organization: Lake County Deputy Sheriff's Association, Lake County Correctional Officer's Association and Lake County Deputy District Attorney's Association.
– 2. Conference with Legal Counsel: Existing Litigation pursuant to Government Code Sec. 54956.9(a): Friends of Cobb Mountain v. County of Lake.
CONSENT AGENDA
C-1: Approve minutes of the Board of Supervisors meeting held on Feb. 7, 2012.
C-2: Adopt resolution amending Resolution No. 2011-125, establishing position allocations for Fiscal Year 2011-2012, Budget Unit No. 2602, Building and Safety (delete one (1) Grading & Stormwater Inspector allocation and add one Grading & Stormwater Inspector I/II allocation).
C-3: Adopt resolution amending Resolution No. 2011-125, establishing position allocation for Fiscal Year 2011-2012, Budget Unit No. 4011, Public Health (deleting one Registered Nurse/LVN I/II position and adding one LVN I/II-Registered Nurse-Community Health Nurse I/II-Public Health Nurse I/II position).
C-4: (a) Accept irrrevocable offer of dedication for roadway and public utility purposes (a portion of APN 115-011-10 - Lido Martocchio and Denise Martocchio and Chris Tulley and Paula Tulley), located at 9035 Rockys Road, Loch Lomond; and direct clerk to certify for recordation; and (b) accept irrevocable offer of dedication for roadway and public utility purposes (a portion of APN 011-068-72 - Danny Prather and Joni Prather), located at 8650 Harrington Flat Road, Loch Lomond; and direct clerk to certify for recordation.
C-5: Approve request to waive 900 hour limit for the following extra help employees: Sheriff/Marine Patrol: Jim Campbell, Dane Hayward, Robert Piveronas and Lloyd Wells, Sheriff/Court Security: Wes Frey, James Everhart and Duayne Emis, Interim OES Coordinator Willie Sapeta, and Jail Cook June Wolter.
C-6: Authorize destruction of fingerprint records dated prior to and including Dec. 31, 1991, closed civil records dated Jan. 1, 2008 through Dec. 31, 2009, department time sheets for fiscal years prior to and including 2003-04, and expenditure records for fiscal years prior to and including 2003-04, with the exception of inventory items and fixed asset records and Budget Unit 2704 - Office of Emergency Services, per sheriff’s memorandum dated Dec. 7, 2011.
C-7: (a) Approve easement deed and direct clerk to certify for recordation (APN 039-462-54 - Phyllis Arnerich and John Arnerich), and approve right of way agreement between the county of Lake and Phyllis Arnerich and John Arnerich for the construction of the wastewater force main sanitary sewer line; and (b) approve easement deed and direct clerk to certify for recordation (APN 041-372-15 - Patricia Carolyne Canzian), and approve right of way agreement between the county of Lake and Patricia Carolyne Canzian for the construction of the wastewater force main sanitary sewer line, and authorize the chair to sign both agreements.
C-8: Approve easement deed and direct clerk to certify for recordation (APN 041-372-35 - Sandra Boorn), and approve right of way agreement between the county of Lake and Sandra Boorn for the construction of the wastewater force main sanitary sewer line.
LAKE COUNTY, Calif. – A dispute between Lake County’s top law enforcement officials has led to a legal conflict of interest for the County Counsel’s Office, and the Board of Supervisors must decide whether or not to hire outside legal counsel to assist in addressing the matter.
The issue involving Sheriff Frank Rivero and District Attorney Don Anderson will go to the board in an untimed item at its meeting on Tuesday, Feb. 14.
A Feb. 7 memo from County Counsel Anita Grant to the board explains that pursuant to California Government Code 31000.6, at the request of the sheriff the Board of Supervisors “shall contract with and employ” legal counsel to assist the sheriff in the performance of his duties in any case where the county counsel would have a conflict of interest.
While in her position of county counsel Grant represents county government as a whole – including department heads and elected officials – her report references a California Attorney General’s opinion that notes there may be occasions when county officers “have adverse interests in the same matter.”
“There is presently a dispute between the Sheriff and District Attorney which creates a situation where their interests are adverse and a conflict of interest exists for my office to represent either of them in this matter,” Grant stated in her report.
“The matter at issue could affect the ability of the Sheriff to perform the functions of his office,” Grant said.
She continued, “Due to the status of the matter and the fact that personnel information is involved, as to which peace officers are entitled to confidentiality under the law, it is difficult to provide a more expansive explanation.”
Because of her concerns, Grant is recommending the Board of Supervisors hire – and pay for – outside counsel to represent Rivero in the dispute.
Rivero has refused to answer Lake County News’ questions on the matter on three separate occasions in recent weeks.
On Thursday, Anderson told Lake County News that he’s been told that Rivero was asking the board to hire an attorney.
“I do know what the issue is and it’s somewhat confidential,” Anderson said.
He added that he has not spoken to Rivero about the matter.
Anderson and Rivero, who had the same campaign manager – Olga Martin Steele – and ran closely allied campaigns in 2010, have been locked in disputes since early in 2011, not long after taking office.
One of their main issues of contention concerned the sheriff’s response on May 14, 2011, to reports that a large number of Hells Angels were en route to the county because of the appearance of the rival Vagos gang in Lakeport.
No Hells Angels appeared, but efforts to block entry to the county and concerns about potential violations of civil rights put Rivero at the center of a District Attorney’s Office investigation.
The matter to be considered on Tuesday appears to be related to a closed session item regarding “significant exposure to litigation” that Grant took to the board as an extra item on Jan. 10.
That discussion involved a potential litigation threat against the county by Rivero, according to Grant.
“The facts and circumstances which justify this closed session consist of the claim of Sheriff Frank Rivero that actions contemplated by District Attorney Don Anderson against him will, if pursued, result in litigation against the District Attorney, and thereby the County,” Grant wrote to the board in the last-minute report for its Jan. 10 meeting.
However, Grant said this week she could not discuss the relation of the Jan. 10 or Feb. 14 agenda items.
Jan. 10 meeting minutes showed Supervisor Anthony Farrington moved to discuss the matter in closed session; the board voted 5-0 to adopt the motion.
Board Chair Rob Brown told Lake County News that there was no action taken out of closed session at the Jan. 10 meeting.
Brown suggested Lake County News ask Rivero about the matter “as he is the only one that can speak to his intention regarding this. It was put on at his request and the Board is bound by the Brown Act to not divulge anything that was discussed during closed session.”
Rivero refused to answer questions Lake County News about the issue, responding by email Jan. 19, “I have never seen this memorandum prior to receiving it from you. Since I am not the author, I suggest you contact Anita Grant.”
In a followup message sent to Lake County News on Jan. 21 County Counsel Anita Grant stated, “Sheriff Rivero has subsequently informed me that he has neither the intention nor the desire to initiate litigation against the County of Lake or any of its employees.”
In response to questions from Lake County News, County Administrative Office Kelly Cox said the issue about potential litigation was raised early last month when Rivero called him at home one evening to tell him he was considering taking legal action against Anderson, which would involve the county.
Cox said he could not go into the specifics at the heart of Rivero’s potential legal action.
“I conveyed what he told me to Anita,” Cox said, which led to the Jan. 10 discussion.
Since that first discussion, Cox said Rivero has not indicated to him that he has changed his mind about taking legal action against the county or Anderson.
LAKEPORT, Calif. – The process to establish a new Middletown sheriff’s substation has cleared its final step.
On Tuesday the Board of Supervisors voted unanimously in favor of a resolution to approve the purchase agreement for the new substation at 21277 Calistoga St. in Middletown.
The county has reached an agreement to purchase the foreclosure property from Westamerica Bank for $205,000, well under its appraised value of $247,000, according to County Administrative Officer Kelly Cox.
In preparation for the board vote, Cox said the Lake County Planning Commission had voted that the proposed purchase conformed with the Lake County General Plan, environmental clearance was obtained and an initial environmental assessment was performed, an independent appraisal was conducted and the public hearing was noticed.
A building assessment found that the main structure’s wood foundation needed repair, and ramps to make the building compliant with the Americans with Disabilities Act are needed, Cox said. Those deficiencies can be corrected with the funds the county is saving in the purchase cost.
“There’s been quite a bit of community support expressed” for the new substation, Cox reported.
The county also will save money when the sheriff’s office vacates its substation in the Clearlake courthouse, which now is owned by the state.
Cox thanked Realtor Stacey Mattina for her assistance in the purchase process, and also thanked Westamerica Bank for approving needed time extensions.
Sheriff Frank Rivero said he believed the new substation would be of great benefit to the county’s safety.
“It would be good to have a presence there” right off Highway 29, he told the board.
The new substation will be located just across the street from the new library, senior center and park.
Rivero said he had “110 percent support” from within the sheriff’s office for the purchase.
Board Chair Rob Brown said the county worked to get a good deal on the property.
Supervisor Jim Comstock, who helped lobby for the new substation, said the site is ideal, and agreed that it has strong community support.
Supervisor Jeff Smith said he hadn’t supported the substation plan when Rivero originally proposed locating it outside of Middletown. However, he approved of the proposal before the board Tuesday.
“I don’t think we can beat it, the location or anything else,” Smith said.
The board opened the public hearing but there was no public comment.
Comstock offered the resolution, which the board approved 5-0.
In a statement released by his office later in the day, Rivero thanked the board, and gave special recognition to Comstock, Cox and Deputy County Administrative Officer Eric Seely for their efforts on behalf of the project.
He said he would be working diligently to get the new substation open as soon as possible.
Cox told Lake County News following the meeting that the cost of using the Clearlake courthouse varies from year to year, and that the county has to pay a percentage of the maintenance costs for the building.
He said the state determines what maintenance will be performed, who does it, how much it costs and then sends the county the bill.
According to Cox, the state spends much more on maintenance than the county did when the county owned the building and county staff maintained it, adding that the county needed to relocate from the building.
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