The Lake County district attorney won't file criminal charges against the Lake County sheriff in connection with an error-riddled attempt to keep Hells Angels out of the county.
"At this time, it has not been determined that any criminal activity took place," District Attorney Don Anderson concluded following a six-month investigation into the May 14 incident.
But the attempt to stop the motorcyle gang was a violation of federal civil rights laws, Anderson said in a nearly 200-page report.
The incident also was marked by misinformation, miscommunication and poor judgment on the part of multiple law agencies, according to the District Attorney's report.
Lake County Sheriff Frank Rivero in a written statement called the report "a misguided politically motivated gesture" and questioned whether it was an appropriate expenditure of public funds.
Anderson said the investigation was done by staff as part of their regular workload.
The report reveals multiple law enforcement missteps in acting on a tip that Hells Angels gang members were coming to Lakeport for a confrontation with a rival motorcycle gang, the Vagos.
The warring groups have had violent confrontations and Rivero was concerned a battle was brewing when he received erroneous information that a large group of Hells Angels was on its way from the south.
Rivero ordered all law enforcement officers in Lake Coounty to respond Code 3 -- lights flashing and sirens blaring -- to the Middletown area to stop them, according to the report. Code 3 also allows officers to drive faster than is normally allowed.
Once there, officers from the California Highway Patrol and Sheriff's Office questioned Rivero about their authority to block the motorcycle gang from entering the county at Highway 29, according to the report. Citing legal issues, the CHP declined to participate in a road block.
The roadblock was called off, but attempts continued to find the riders, including helicopter surveillance.
The Hells Angels alert was initiated by an off-duty Sonoma County officer who was aware of a large Vagos gathering in Lakeport and had spotted three Hells Angels driving east on Highway 12 in southern Sonoma County.
The information was relayed to an FBI agent who told the Lake County Sheriff's Office he had information from a credible source that there were Hells Angels heading toward Lake County.
The Lake County Sheriff's Office then received false information that about 150 Hells Angels were riding over Mt. St. Helena on Highway 29, the main route to Middletown. It was dispatched to other agencies as Hells Angels heading in the direction of Calistoga.
Somewhere along the line, the number of Hells Angels was confused with the number of Vagos gathered in Lake County -- between 100 and 150. That number was reported to Lake County officials, triggering the Code 3 response, according to the report. A fight between the gangs in Lake County also erroneously was reported, Anderson said.
Dispatchers were fielding numerous police calls at the time and probably confused the gang numbers being called in, Anderson said.
"It was hectic," he said.
Anderson said Rivero's attempt to stop the Hells Angels was well intentioned, but was illegal under the U.S. Constitution. The FBI has requested a copy of the report to review for possible violations, he said.
Rivero did not return a phone call requesting comment. Instead, he responded with a press release saying he cannot address specifics because he has not yet received the report.
Based on the information he had at the time, there were real threats to the safety of Lake County residents, Rivero said in his written response.
"I will continue to vigorously protect the people of Lake county against this unmitigated threat of violence while Mr. Anderson fights for the rights of drug dealers, outlaw gangs and criminals," he said.
The D.A. recommended that law enforcement leaders establish a protocol for responding to similar perceived threats in the future. It also recommends that officials receive training in constitutional law and police procedures.
Anderson, who was elected last year along with Rivero and was once considered an ally, has had an increasingly antagonistic relationship with the sheriff.
Anderson's office also is investigating a near showdown between the Sheriff's drug task force and Clearlake police. Sheriff's officials failed to notify Clearlake police they were conducting a drug bust in the city, leading to a brief confrontation between the agencies before Clearlake police recognized an undercover officer.
Rivero has been at odds with his own and other law enforcement agencies since his campaign for office.
Copyright 2011 - The Press Democrat, Santa Rosa, Calif.
McClatchy-Tribune News Service
