LAKEPORT — Deputy Francisco Rivero said Monday in an effort to provide the transparency he promised in his bid to become Lake County sheriff that he is being investigated for accusations of assaulting a woman while on duty more than a year ago.
Two deputy sheriffs served Rivero with a notice of investigation March 27 for allegedly using excessive force, gender profiling and sexual battery, Rivero told a crowd of people despite direct orders from a captain not to discuss the investigation.
“This allegation is false, completely fabricated and politically motivated,” Rivero said.
More than 50 people gathered Monday in front of the Historic Courthouse Museum on North Main Street in Lakeport to support or learn more about Rivero.
Sheriff Rod Mitchell said Rivero”s announcement of the investigation is politically motivated.
“It was going to be a confidential investigation,” Mitchell said. “He chose to make it a political issue. I don”t understand why he”s critical of this department for following the law.”
Attorney Victor Haltom told the crowd that a woman claimed in January that 13 months prior Rivero assaulted her while arresting her on suspicion of domestic violence.
The woman, Rhonda Rully Straub, gave the Record-Bee a copy of the complaint she filed with the Sheriff”s Office.
“I believe that Dep. Rivero was too quick to arrest me and I believe that I was not heard regarding my injuries and I have spoken to a number of women who have been treated this way as I was treated, and who won”t come forward,” Rully Straub said in the complaint. “Even though I have been threatened by others that if I submit a report, my house would burn down or I would be murdered.”
“This deputy is a ?loose cannon” and should not consider another post until this investigation is resolved,” Rully Straub said. “I believe that I need additional surgery in my right leg because of complications which may be the fault of dep. Rivero because all of his hitting of my right leg when I was arrested.”
Rivero said it was a routine arrest, and that her claims are false and were made to destroy his campaign and life.
Haltom said he saw flaws with the allegations, including the length of time it took for Rully Straub to come forward and that the husband and Rivero”s partner, Deputy Bill Djernes, have yet to be interviewed.
“All Frank did was do his job,” Haltom said.
Mitchell said the department sets priority to internal affairs investigations and as Rivero has been off duty, he didn”t pose a high risk to the public.
“This department is committed to obeying the rules. It is always unfortunate to see anyone operate outside of them,” Mitchell said. “We hope this doesn”t discourage citizens from making legitimate complaints. We”re absolutely committed to following the rules to investigate them in confidence.”
Patricia Rico of Kelseyville came to the rally and said she supports Rivero in part because of his integrity.
“If he”s willing to risk his career and life just for speaking up ? that”s the guy I want on my side,” she said.
A number of attendees said they came to the rally because they were curious or had questions to ask Rivero, but wouldn”t give their full names.
Haltom represented Bismarck Dinius, who was acquitted Aug. 20 of boating under the influence charges for the April 29, 2006 boating crash that caused sailboat passenger Lynn Thornton”s death. Dinius was at the tiller of Mark Weber”s sailboat when off-duty Capt. Russell Perdock of the Lake County Sheriff”s Office collided with the vessel with his powerboat. Dinius was originally charged with manslaughter as well, but the District Attorney”s Office dropped that charge.
Thornton”s friends also attended the rally in Lakeport.
Mitchell said he thinks Rivero started making accusations against the Sheriff”s Office after he didn”t score high enough to be considered for a promotion to sergeant.
“Up until March 6, 2009, Frank Rivero supported every aspect of this department and how it was run,” Mitchell said. “Following the outcome of the sergeant”s test he chose to begin maligning the department and accusing us of racial profiling and other things. It was at that point that he decided Lynn Thornton”s death was important to him.”
Contact Katy Sweeny at kdsweeny@gmail.com or call her directly at 263-5636, ext. 37.
