CLEARLAKE — Clearlake Interim Police Chief Craig Clausen, 40, is expected to face misdemeanor charges of battery and making an arrest without authority, according to Lake County District Attorney Don Anderson.
The charges stem from an April 2010 incident in which Clausen allegedly assaulted and threatened the arrest of a 65-year-old Lakeport woman, Mary Sutherland, during a confrontation with the Sutherland regarding Clausen”s son. Sutherland apparently resides in the same neighborhood as Clausen.
According to Lake County Sheriff Capt. Rob Howe, the allegations were investigated last year and rejection of the complaint was received from then District Attorney Jon Hopkins. The case was reopened at the direction of Sheriff Frank Rivero on Feb. 18 of this year.
Rivero, who took office in December, said he reviewed the case. “I believed it was good case and needed to be prosecuted now,” he said. “We did what we needed to do for the sake of the integrity of the Lake County Sheriff”s Office and for law enforcement in general.”
Interim Clearlake City Administrator Steve Albright said Wednesday that charges have not been filed against Clausen yet and city staff has been cautioned not to comment because it is an ongoing investigation. “It is my understanding that a complaint was filed last April. That complaint was fully-investigated and there was conscious determination to file no charges,” he said. “I do not know why the case has been reopened and I don”t know the nature of the charges.”
Rivero said after reviewing the case he forwarded it to the Lake County DA”s office for review and possible prosecution. Anderson said he forwarded the case as well.
“I sent it over to the Mendocino County District Attorney”s Office (MCDA) for independent review and the MCDA will be taking the case and prosecuting it,” Anderson said. “There is no legal conflict, but we want it to be fair and impartial; that”s why we sent it out-of-county.”
Clausen”s attorney, Matt Pavone, whom Clausen deferred comments to, said he is surprised and baffled by a renewed interest in the case, which he said was fully-investigated and declined by the prior district attorney. He said the matter was investigated in Sept. 2010.
“After an interview of then Lt. Clausen, then District Attorney Jon Hopkins declined criminal prosecution in the case. In addition, then Lt. Clausen was subjected to an administrative investigation conducted by an independent outside investigator, a retired investigator with the Lake County District Attorney Office and, after conducting a full investigation and referring his report to then Chief Alan McClain, disciplinary charges against then Lt. Clausen were also declined,” Pavone said. “So, this matter was fully investigated and declined in the fall of 2010 and I do not understand why additional Lake County resources are now being used to investigate this matter further.”
Pavone said he is concerned that part of the motivation is political given Interim Chief Clausen”s candidacy for full-time appointment as Chief of the Clearlake Police Department.
Pavone said that he commends current District Attorney Don Anderson for his decision to recuse himself from consideration of the matter and his referral of the case to the MCDAO. “I hope that after an objective review of the case by the DA of Mendocino County, that office will reach the same conclusion and put this matter to rest once and for all,” he said.
The charges allege that on April 5, 2010 Clausen confronted Sutherland after she allegedly said something derogatory about his son. According to a narrative report prepared by Deputy Carla Hockett, Sutherland said she was walking her dogs when she heard a voice yell at her to “get off this property now.”
“Mary (Sutherland) said it was this little 9-year-old boy and she told the boy she was not on his property and she had permission to be on the property she was on. Mary (Sutherland) then suggested to the boy he get a hobby,” the report states.
According to the report, Sutherland continued on to another neighbor”s residence where she told the neighbor “that little s**t scared me to death.” Sutherland claims that it was at that time that Clausen came around the side onto that neighbor”s property, screaming as he came up the stairs. She said Clausen asked her how dare she call his son a “little s**t.”
Sutherland claimed that she then agreed that she should not have said that about the little boy, but Clausen would not let up and began to poke her in her face. She alleged Clausen asked her who she thought she was and as he went to poke her again, she put up her hand. She said Clausen grabbed her hand and twisted it behind her back and brought it up as far as he could and slammed her against the house.
Sutherland alleged in the report that Clausen asked her if she knew who he was and told her that he was a policeman. She said he then asked her if she wanted to go to jail tonight. She also alleged that Clausen said to her, “Wait till I tell my Portuguese wife what you called her son, you better watch out for her.”
The neighbor told Hockett that she heard Clausen yelling at Sutherland. She said she saw Clausen twist the Sutherland”s arm and heard him ask her if she wanted to go to jail. The neighbor said that she thought Sutherland hit her head on the screen door, Hockett”s report states.
Clausen told Hockett that at about 7 or 7:30 p.m. his son came into the house and said the “crazy lady with the dogs” was swearing at him. Clausen said he walked outside to see what was going on and heard Sutherland say she “just got accosted by that little bastard over there.”
“Craig (Clausen) told Mary (Sutherland) he does not want to bring work home and she knows what he does for a living. Craig (Clausen) said he grabbed Mary (Sutherland”s) arm and she turned causing her arm to go behind her back. Craig (Clausen) then asked Mary (Sutherland) if she wanted to go to jail tonight and please don”t make me bring work home he didn”t want to do this,” Hockett”s report states.
Clausen said he noticed Sutherland was “smashed” and thought she was intoxicated. In a statement from the neighbor taken by Deputy Nicole Costanza, the neighbor said she could smell a little alcohol on Sutherland”s breath, although the woman denied to her having consumed any alcohol. Costanza”s report also notes that Sutherland stated to the deputy “I don”t drink” when the deputy asked her if she had consumed any alcohol, medication or recreational drugs the day of the incident.
Costanza also took statements from another neighbor who apparently lives across the street from the woman. That neighbor said he was in his driveway unloading his vehicle the day of the incident. He said that he saw Sutherland walking two of her dogs and she was talking to herself, yelling loudly and sometimes screaming. He described her as “Retarded” and a “Lunatic” and as “being drunk or on pills most of the time.”
He said he received a phone call from Sutherland after the incident. He said he asked her two or three times if she was drunk and she would not answer him. He said he remembered her saying “I”m gonna have that son of a bitches (sic) job!”
Albright said that Clausen will remain in his position as interim chief at present. He said the following options are available: “The number one option is to support any employee who is charged with some activity where they are presumed innocent until proven guilty.
The number two option is that a person could be put on paid administrative leave; I have no intent at this time in doing that. A third option would be that the council could take action because (Clausen) is under contact as an interim police chief.”
Albright said two members of the council are currently out-of-town and he was unable to contact one other. He said in talking with the two remaining council members possible action was not discussed.
Vice Mayor Joey Luiz said that he has confidence in the system and wishes to remain impartial at this time. Councilwoman Jeri Spittler said she prefers to let the courts figure it out. Mayor Joyce Overton and council members Judy Thein and Curt Giambruno could not be reached by the newsroom for comment on Wednesday.
Contact South County reporter Denise Rockenstein at drockenstein@clearlakeobserver.com or call her directly at 994-6444, ext. 11.
