LAKEPORT >> A compromise was reached in the hearing of a case where parents of a woman who died in a deputy-involved car crash are suing the county. Attorneys for the defense and plaintiff agreed to limiting the amount of information on the deputy”s records to be allowed for exhibit on Thursday.
Plaintiff attorney Jeremy R. Fietz had requested Lake County Sheriff”s Office (LCSO) Deputy James Scott Lewis” medical records, while defense attorney Taylor W. Rhoan had expressed concerns with protecting Lewis” privacy if the medical records were released.
During Thursday”s hearing, concerns that the release of the documents would also interfere with the jury”s objectivity in the case were also expressed. However, Fietz said media, including the Press Democrat and the Lake County Record-Bee, had already published that the deputy”s Blood Alcohol Content (BAC) was .04 at the time of the crash. That information had been released to the public in a California Highway Patrol (CHP) investigation report.
Fietz said he was concerned that if the records were placed under protective order, he would have to file motions to reference them during the trial, which would cause delays.
After a recess, the attorneys discussed their concerns and agreed to wait until the trial for the parties to revisit the issue. Rather than hearing a separate motion at a later date, Judge Richard C. Martin and both attorneys agreed to seal all records until the trial, but to submit one of the pages of records as a separate exhibit from the other pages. The judge also agreed to redact some of the personal information contained in both exhibits, including Lewis” social security number, address and date of birth.
The incident in question occurred at about 6:30 a.m. on Oct. 3 on Highway 29 near Diener Road. Rivas Garcia was on her way to work. Deputy Lewis was responding from Kelseyville to Lower Lake to join the high-speed pursuit of several suspects believed to have participated in a burglary. In their lawsuit, Rivas Garcia”s parents, Gloria Garcia Gamino and Jose Daniel Rivas Cruz, claim that according to LCSO regulations, officers may not report to work with any traceable BAC. The plaintiffs allege that Lewis was responsible for the crash and their daughter”s death because he was negligent by giving pursuit when he was not obligated to because of the distances involved.
A case management conference is scheduled for Sept. 22.
The case of the four suspects — Robert James Conaster, Lauren Astor Faumuina, Jesse Gilbert Moncivaiz and Angelita Jeannette Raffa — who are accused of being involved in the burglary was also turned over to a criminal grand jury, which then yielded a felony murder indictment against the defendants. Prosecuting attorney Sharon Lerman-Hubert said the defense”s position is that if it weren”t for the actions of the defendants, the collision would have never occurred. The four defendants are in custody at the Lake County Hill Road Correctional Facility.
