Sheriff Too Big For His Britches

DEL NORTE COUNTY, Ca. --- A court case filed last April in Del Norte County Superior Court accused Deputy Sheriff Carl Berry of false arrest and imprisonment and Sheriff Dean Wilson of covering for Berry. Judge William Follett presided over a June 21, 2006 evidentiary hearing, but has yet to issue a ruling in the case.

The petitioner, Susan Botts, was arrested July 28, 2005 for felony child abuse of her daughter, who was 17 years old at the time. Botts said eyewitnesses, including her daughter, testified to her innocence. The DA’s Office reportedly presented no evidence against Botts and she describes their opposition as “extremely frivolous.” Although she expects the court to find in her favor, Botts indicated that she is prepared to appeal.

“This is just a determination for factual innocence. It’s a requirement before filing a civil rights suit. At some point, the sheriff and his officers will have to account for their conduct. We followed their procedures and asked the sheriff to review and correct the errors, but he refused. They’ve left me with criminal records and placed me on a Department of Justice list as a child abuser for a crime that didn’t happen, I didn’t commit, and they know that. Taking this to court was the last resort,” said Botts.

After conducting an internal investigation, Sheriff Wilson delivered his findings in January, stating that the July arrest “was handled within standards and filed appropriately,” and that Botts is “currently on a program through the district attorneys office for this charge.”

“That was news to me,” said Botts. “Sheriff’s records show the DA rejected the charge the same day as the arrest. The DA’s office has confirmed that there is no such program. The whole problem started with a bad police report. That was our complaint in the first place. The sheriff’s findings are spectacularly wrong. Covering up his officer’s misconduct with disinformation can only backfire.”

Botts said that she has more serious grievances against the sheriff, “The arrest pales in comparison to the mishandling of the investigation into our son’s death (June 2005). Our family was there, we witnessed his death. It was no accident. It’s irrelevant whether the officer’s reports and the sheriff’s internal investigations are incompetent or malicious, the end results are the same. If they refuse to reasonably uphold law and justice, then they leave us no choice but to secure their compliance through legal action.”

The Sheriff’s Office could not be reached for comment.