OFF THE WIRE
LAKEPORT, Calif. – Lake County’s sheriff was called to the witness stand Wednesday morning on the first day of a preliminary hearing for three members of the Sonoma County chapter of the Hells Angels, who are alleged to have been involved in a fight at a local casino last June.
Nicolas Carrillo, 33; Timothy Bianchi, 34; and 36-year-old Josh Johnson were in Judge Andrew Blum’s court for the hearing on charges stemming from the incident on June 4, 2011, in which they were alleged to have fought with Michael Burns, a validated Vagos motorcycle gxxg member, and Kristopher Perkin.
Sheriff Frank Rivero was questioned about how he obtained surveillance video of the fight from Konocti Vista Casino near Lakeport after officials at the casino had reportedly rebuffed attempts by his deputies to collect the evidence.
Bianchi, who the prosecution alleges threw the first blow in the Saturday afternoon fight, is facing felony counts of participation in a criminal street gang, assault with a deadly weapon other than a firearm, and misdemeanor counts of disturbing the peace and battery, according to court records.
Johnson and Carrillo also are facing the street gang participation and disturbing the peace charges, along with two misdemeanor battery counts each.
A fourth man alleged to have been involved, David Dabbs, has remained at large since last summer.
Carrillo’s attorney, Michael Clough, would press Rivero on whether his pursuit of the case against the three men had a connection to his response nearly a month earlier to reports that 150 Hells Angels were coming to the county. In that case, Rivero ordered deputies to create a roadblock at the county’s southern entrance near Middletown.
Clough also questioned Rivero about the District Attorney’s Office’s investigation into a February 2008 shooting in which Rivero shot at a man and later gave investigators conflicting stories about what happened.
On the stand Rivero denied lying in the shooting investigation.
Testimony considers video evidence
Along with Rivero, prosecutor Art Grothe called four other witnesses Wednesday in the case.
The first witness was Deputy Walter White, one of the deputies who had responded to Konocti Vista Casino within minutes of the report of the fight.White encountered Burns, who was bleeding from the right side of his face and was uncooperative, claiming he had slipped and fallen, and denying medical attention.
Surveillance video of Burns played later in the hearing showed him walking away from the casino with a group of others, his face covered with blood, as White described.
Glenn Greer, a casino surveillance technician, explained how he was directed by the gaming commission to preserve copies of video surveillance that tracked the men through the casino, where a tattoo convention was taking place the day of the fight.
Greer was not at work that day at the casino, but when he arrived at 4 a.m. on Monday, June 6, 2011, he began exporting the video.
He recalled Rivero coming in later that day to view the video clips and collect a first DVD. Greer said he provided Rivero with another DVD a day or so later after he had trouble viewing the first disk.
Altogether, Greer provided the sheriff’s office with 28 video surveillance clips – from various parts of the casino – which Grothe had him identify.
Sheriff pressed on credibility, legality of actions
Rivero, who spent just over an hour on the stand, said he was initially alerted by staff that the casino was “a little reticent” to release the videos.
He said he contacted Tony Jack, then the tribal chair. “I told him that I needed those videos.” Jack, in turn, referred Rivero to the tribe’s three gaming commissioners, who had the final say.
Rivero said after speaking with the commissioners they agreed to release the videos, with him taking the first DVD on Tuesday, June 7, 2011, which contradicted Greer’s testimony that Rivero had taken the first DVD that Monday. Rivero said he obtained another DVD on Wednesday, June 8, 2011.
Bianchi’s attorney, Jai Gohel, asked Rivero whether he was told he needed a warrant. Rivero said no.
Gohel asked Rivero if he personally got involved in assault investigations. Rivero said he patrols and does everything a deputy would normally do. Gohel asked if he was patrolling the casino area at the time of the incident.
“The entire county is my patrol area,” Rivero replied.
Gohel asked if Rivero was aware that at least 10 sheriff’s personnel had been involved in the investigation. “I don’t know that to be true,” said Rivero, naming off about a half dozen deputies and detectives who he knew were involved.
Rivero said he had a relationship with Jack, and felt he could work with him to acquire the video. “I felt that I could speak to Mr. Jack on a level that maybe the deputies could not.”
He said he offered Jack nothing in return, but noted the tribe was concerned about retaliation, which Rivero said he would do everything in his power as sheriff to prevent.
Rivero said Jack had come to him in the past with other issues, including one relating to a child pedestrian hit on Soda Bay Road, which resulted in a meeting with county officials. However, the fatal crash that Rivero appeared to be referencing happened in late July, nearly two months after the fight – not before.
When asked if he had talked to Jim Beland – a former sheriff’s sergeant who now heads up Konocti Vista’s security department – about acquiring the video, Rivero said he did not recall doing so.
Rivero said he spoke to the gaming commissioners, who made the final decision to turn over the video evidence. “I told them I would need the tapes in order to pursue a prosecution of the suspects,” he said.
Because they agreed to turn over the videos, Rivero said there was no need to pursue a warrant, and there also were questions if a warrant would even be executable regarding the tribe.
Rivero also emphasized that he didn’t threaten them, nor did he tell them about any negative ramifications of not turning over the videos.
Under Clough’s cross-examination, Rivero said he has a standing order with his staff that he’s to be notified immediately of any important incident or serious crime, or anything that could get the attention of the media.
“You had a personal interest in this case being prosecuted, didn’t you?” asked Clough, to which Rivero responded that he had an interest in all crimes against local residents and a professional obligation to act.
Clough asked if he had a particular interest in the case because it involves the Hells Angels. Rivero said no.
Then Clough asked him about mobilizing “the entire county” to attempt to block entry to a reported group of Hells Angels en route to the county on May 14, 2011.
Rivero explained that the response arose out of a situation in Lakeport in which dozens of Vagos – Hells Angels rivals – showed up and tried to take over the town. In response to a request for mutual aid from Lakeport Police, Rivero said he mobilized his mobile command center and SWAT team, and worked with other law enforcement agencies.
Clough asked if Rivero had ordered deputies to prevent the entry into the county of 150 Hells Angels reported to be on the way, and asked if it was true that it later was determined that no Hells Angels were coming to the county in the first place.
“I don't know if that's true. They never arrived,” said Rivero, adding he believed that the original intelligence from the California Highway Patrol was accurate.
Clough asked Rivero if the District Attorney’s Office instituted an investigation into the incident. “The DA has instituted multiple investigations,” Rivero replied.
He said District Attorney Don Anderson “concluded that I had done nothing wrong,” that there were not civil rights violations and he couldn’t charge Rivero, although Anderson said he sent his findings to the California Attorney General’s Office and the Federal Bureau of Investigation, neither of which has done anything, said Rivero.
Rivero told Clough regarding the incident on May 14, 2011, “I wouldn’t have acted any differently. I’m aggressive in pursuing crime in Lake County. I think anyone would tell you that.”
Clough then asked if Rivero recalled issues relating to the drug arrests of several young men in Middletown last year, a case which Anderson’s office refused to prosecute because he said it had been seriously mishandled.
Grothe objected, and Blum questioned the relevance. Clough said it was relevant because Rivero involved himself in a case that ended up being dropped, with the district attorney questioning his involvement. He said it went to Rivero’s credibility and reliability, adding that there already were contradictions between Rivero’s and Greer’s testimony.
Blum asked again about the relevance. Clough said it demonstrated a propensity on Rivero’s part for breaking the law. Blum sustained Grothe’s objection, and told Clough his statements had mischaracterized the situation.
Clough then switched gears, asking Rivero about being investigated by the District Attorney’s Office, which has raised questions about whether or not Rivero lied during the investigation into the February 2008 incident in Cobb during which he shot at a man holding pepper spray.
“It’s true I’m being investigated and I did not lie,” said Rivero.
The line of questioning ultimately was interrupted by another objection by Grothe, which Blum sustained.
Clough pointed out that he had previously done a Pitchess motion for Rivero’s records in an effort to show credibility issues, and Clough said he now had a basis to believe Rivero lied in the investigation.
“Please do not lecture me on the law and get to the point,” a clearly irritated Blum replied.
Clough said he wanted it put on the record that he received no material from that Pitchess motion late last year – which Blum had heard, agreeing to review Rivero’s records and those of Sgt. John Gregore. Clough said he was entitled to ask Rivero about that information and wanted to know if it was in the files turned over to the court in response to the Pitchess motion.
“Your record’s been made,” said Blum. “Next question.”
Patrick Ciocca, Johnson’s attorney, asked Rivero if he had personally involved himself in other fight investigations while sheriff. Rivero said it was possible. Ciocca asked him why he got involved this time. Rivero said it was because of the difficulties obtaining the videos.
When Rivero was excused, Clough said he wanted him subject to recall for additional testimony on Thursday morning, if needed.
Staff outlines other investigation areas
Deputy Ben Moore followed Rivero to the stand, giving a brief account of how he helped copy the videos onto different disks and converted them to the AVI format, and answering questions about the serving of a search warrant at Bianchi’s Petaluma apartment.
Sgt. John Gregore would testify for the remainder of the day, answering questions about working with deputies to pursue the investigation and how he has had previous difficulties getting surveillance video from local casinos.
He also helped describe the action in the fight video, pointing out each of the men as they entered the frame.
The video appeared to show Bianchi walking up behind Burns and hitting him, then getting involved in a brawl with both Burns and Perkin.
Seconds later, Dabbs appeared to have joined the fray, with Johnson and Carrillo seen running out the casino doors and into the upper frame, which was partially blocked. Gregore said Johnson could be seen kicking one of the men, and Carrillo appeared to be punching another one.
After the fight Burns was seen lying outside of the casino and security personnel secured the scene.
Gregore also would testify that Beland told one of the deputies that the sheriff’s office would need to get a warrant to obtain the surveillance videos.
There also were concerns about keeping the videos secure. Gregore said Rivero told him, “This better not be on YouTube tomorrow.”
Gregore added that tribal leaders “were concerned about the video being out. They did say that.”
Testimony will resume at 8:15 a.m. Thursday in Blum’s Department 3 courtroom in Lakeport.
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