LAKE COUNTY — Sheriff Frank Rivero asked the county Tuesday to provide funding for private legal counsel because he said the District Attorney”s Office is investigating a nearly four-year-old shooting in which he was involved.
“I need to be represented by the county as the sheriff,” Rivero said.
County Counsel Anita Grant determined her office has a conflict and cannot represent either party.
The Board of Supervisors (BOS) discussed the issue Tuesday at the Lake County Courthouse but continued its conversation to next week”s meeting, allowing Rivero and county staff more time to further research the matter. District 2 Supervisor Jeff Smith was absent.
Rivero, who was a Lake County Sheriff”s Office (LCSO) deputy when the shooting occurred in February 2008, told the supervisors that investigations were conducted at the time and his actions deemed as “justified.”
Rivero presented to the BOS a memo, which was dated Sept. 25, 2008 and signed by then-LCSO Capt. James Bauman.
The letter indicated the department completed an internal investigation into the shooting and found Rivero”s actions “were appropriate, justified and in accordance with department policy.”
The situation reportedly occurred Feb. 19, 2008 when deputies tried to conduct a welfare check on a convicted felon in Whispering Pines.
Rivero fired his gun in self-defense after being provoked, according to the memo.
The LCSO issued statements about the incident in late February 2008, saying the suspect, Victor B. Rodin, brandished an apparent weapon before the deputy fired a single shot. He reportedly fled the scene but was caught the following day.
The LCSO reported at the time that the shot did not injure Rodin.
District Attorney Don Anderson, who did not attend the BOS meeting, said during a phone conversation Tuesday afternoon that he reviewed the DA”s Office investigation into the 2008 shooting and concurred with the findings of then-DA Jon Hopkins.
“That case was closed and I agree with the determination that no criminal charges should be filed,” Anderson said.
He added that he “really can”t” comment on the specifics of what his department may be looking into, or if the 2008 shooting is somehow involved, because Grant advised him it is a personnel matter that should not be discussed publicly.
Anderson did say, “We”re not investigating anything to do with criminal violations in that case.”
