Bolinas
Arrest prompts call for meeting on cops in Bolinas

By Aaron Kenedi

Citing "numerous complaints" about the behavior of sheriff's deputies, Bolinas Public Utility District (BPUD) Friday called for a town meeting with the Sheriff's Office.

Prompting the call was an incident on the Fourth of July when a deputy attempted to subdue a man with pepper spray after he was injured in a fight near the Bolinas tennis courts.

Bolinas Fire Chief Kevin Hicks afterwards complained to Undersheriff Bob Doyle that the man, Ivan Scott O'Day of Fairfax, was sprayed in the face by Deputy Bob Anderson after he was already in custody.

Undersheriff Doyle this week told The Light that Anderson has acknowledged trying to use pepper spray on O'Day but that a female firefighter physically prevented him from doing so. O'Day did not appear to have the flow of nasal mucus and swollen eyes that pepper spray usually causes.

Deputies' version
As deputies tell the story, O'Day had been roughhousing with friends when the rowdyism turned violent and one friend beat O'Day's head against the ground until he was bleeding from his mouth, eyes, and head.

Friends of both men later told officers the second man "pounded [O'Day's] ass into the ground."

They said O'Day was knocked unconscious for at least five minutes before Bolinas firefighters arrived to perform first aid.

When Hicks arrived, however, O'Day was "unfortunately conscious," the fire chief this week told The Light. Hicks added that O'Day was delirious from his head injuries and drunkenly flailing about. It took six fire fighters to restrain him.

When Deputy Howard Horwitz arrived on the scene, firefighters turned the struggle over to him. Horwitz handcuffed O'Day and tried to walk the uncooperative man through a crowd of bystanders back to a patrolcar.

Pepper spray
When Deputy Bob Anderson arrived on the scene, he recognized O'Day from previous run-ins with officers. Anderson drew his pepper spray and rushed to assist Horwitz. Seeing Anderson about to spray O'Day face-on, a female firefighter pushed Anderson's hand away and insisted, "No mace."

Anderson told Undersheriff Doyle that although some pepper spray was then fired, it landed harmlessly on the ground and not on O'Day. Fire Chief Hicks said he believes O'Day was hit but cannot be certain.

In any case, Anderson's intent to spray O'Day troubled Hicks, who complained to the undersheriff that the deputy's behavior toward an injured man was inappropriate.

"The man was definitely belligerent and causing problems," Hicks said. "But my feeling is that by the time Anderson got out his spray, [O'Day] was completely restrained." Hicks told the undersheriff he had no problem with any other deputy's actions.

Had Anderson sprayed a man in custody, Doyle told The Light, it would have been a violation of departmental policy and subject to disciplinary action.

But, Doyle added, "we've spoken to people who were on the scene and the deputy involved, and no one is able to verify that he sprayed the man in the face."

Also arrested at the scene was Ronald Albert Cook, 26, who came to officers' attention when he was spotted checking the door handles on Sheriff's Sgt. Rocky Martin's patrolcar. Cook was jailed on a warrant for failing to appear in court.

Background to conflicts
Conflicts between deputies and townspeople began last spring when a resident living near the back of Don's Liquors and others began complaining of rowdy juveniles creating disturbances on Brighton Avenue and drinking and building fires on the beach.

After several complaints, Sheriff's Lt. Dennis McQuenny on June 10 told deputies in West Marin to start making more arrests and issuing more citations rather than just issue warnings.

Since then, deputies have been writing tickets for infractions such as parking in the wrong direction on obscure roads far from downtown.

On one occasion Deputy Rich Johnson handcuffed and temporarily detained an 18-year-old boy for breaking an egg on a youngster's head. In his defense, Johnson said: "By law the egg could be considered a dangerous weapon."

After several townspeople last month complained to The Light and the Sheriff's Office about police practices they considered abusive, deputies wrote even more traffic tickets.

Undersheriff Doyle, while generally defending his officers, this week conceded they may have been too quick to issue wrong-way-parking tickets.

BPUD cites complaints
In a BPUD letter to Supervisor Gary Giacomini, Manager Phil Buchanan wrote last Friday: "There is a feeling among some local people that such bursts of official activity, particularly when it follows on the heels of a noticeable lack of any kind of official presence for days at a time, is a reprisal for criticism directed at the Marin County Sheriff's Department.

"People are also beginning to wonder aloud why it is that petty offenses attract so much attention while serious criminal activity appears to go unchecked."

Buchanan said BPUD has received complaints of deputies' "general rudeness" toward Bolinas residents, "the creation of traffic hazards and reckless driving by sheriff's deputies," and "outright harassment of innocent townspeople -- shining spotlights into people's houses at night [and] detaining individuals without a lawful reason."

Town meeting
Buchanan's letter asked for a meeting with Giacomini, Doyle, and representatives of BPUD "to reach an understanding about Marin County law enforcement priorities and the need of townspeople to see a rational and consistent approach to these issues, one which is respectful of civil rights and one which makes sense in the overall scheme of things."

Doyle this week said he is in favor of such a meeting and will encourage people to voice their concerns. But he cautioned: "People can't expect the sheriff's office to adopt a hands-off policy either."

Fire Chief Hicks agreed that "sheriff's deputies have rights as well," but he added: "They need to remember that they work for the citizens and should not work against them."

Hicks said that in the case of O'Day, who was violently resisting being restrained, police action was needed. "It took four or five [firefighters] just to bring him to the ground," Hicks said. "A couple of people actually refused to assist for fear of being punched.

"It's a shame that this incident had to happen at all, but especially right in front of a large crowd in which many of the people were already drunk and emotionally pumped up from recent confrontations with cops.

"Usually the deputies in the area do a good job, but there has been a fair amount of stress on everyone in recent weeks."


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