LAKE COUNTY — C. David Eyster, Mendocino County District Attorney, declined to file misdemeanor charges against Clearlake Interim Police Chief Craig Clausen.
“I assigned two of my best investigators to do normal follow-up and talk to the witnesses,” Eyster said on Friday.
Eyster said he suggested the alternative of Clausen providing an apology to the victim. He said the apology occurred during an amicable meeting and the victim was pleased with the outcome.
“We factored in the wishes of the complaining witnesses. Civility and peace was restored,” Eyster said.
Clausen, 40, faced the possibility of facing misdemeanor charges of battery and making an arrest without authority. The charges stem from an April 2010 incident in which Clausen allegedly assaulted and threatened the arrest of Mary Sutherland, 65, of Lakeport during a confrontation with Sutherland regarding Clausen”s son. Sutherland resides in the same neighborhood as Clausen.
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.
Rivero said after reviewing the case he forwarded it to the Lake County DA”s office for review and possible prosecution. Lake County District Attorney Don 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.”
When Rivero decided to reopen the case, Clausen”s attorney, Matt Pavone, whom Clausen deferred comments to, said he was 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 September 2010.
Rivero said Friday that he is disappointed with Eyster”s decision not to file charges.
“I”m troubled by this decision on many levels. The people of Lake County spoke loud and clear that they were done with favoritism for law enforcement or anybody else who happened to be in a position of power in November,” Rivero said. “I believe that a law enforcement officer must be held to a higher standard. In that regard, Mr. Eyster and Mr. Anderson failed the public”s interest. There are many situations including assault, domestic violence and other abuse situations where the victim is reluctant to testify or press charges. This is why cases like this are not prosecuted by the victim, they are prosecuted by the people of the state of California. Mr. Eyster, who does not have a vested interest in the County of Lake, is sending the wrong message to law enforcement and other people in power. I wonder if Mr. Eyster would have wanted Chief Clausen prosecuted if his mother was the victim.”
Anderson responded to Rivero”s comments, saying “I agree that the people of Lake County do not want favoritism. Nobody does in government. That is why I referred it to David Eyster. I have the utmost faith in him. He”s an intelligent, level-headed prosecutor. I knew when I gave him the case he would do the right thing.”
Anderson said Lake County residents have gone through a lot of suspicions regarding government cover-up and corruption and he didn”t want this to be another case like that.
“Our office could have made the decision, but no matter what we would have done there could appear to be an appearance of conflict or favoritism. We wanted to avoid that appearance,” Anderson said. “We want the people of Lake County to have confidence in us.”
Anderson added that he is very pleased with Eyster”s investigation and the time and effort put into it.
Mandy Feder can be reached at mandyfeder@yahoo.com or call 263-5636 ext. 32.
