LAKE COUNTY, Calif. – The District Attorney's Office is investigating the claim of a jail inmate that he was assaulted by Lake County's sheriff while being transported to the jail.

District Attorney Don Anderson confirmed to Lake County News on Monday that an investigation was under way into the claim, made by a Calistoga man against Sheriff Frank Rivero.

Asked for comment via e-mail, Rivero maintained that no assault happened.

“Be assured that I have not assaulted any prisoner during an arrest or at any other time and it goes without saying I will cooperate fully with any investigation,” he said. “That said it is disappointing to, once again, be informed by the news media of a District Attorney's investigation targeting me rather than being notified by DA Anderson or anyone in his office.”

Donald Earl Bohan, 29, has alleged that Rivero assaulted him while he was handcuffed, Anderson said.

Bohan was taken into custody at approximately 8:48 p.m. Thursday, June 9, according to jail records.

Deputy Justin Newton arrested Bohan on a felony parole violation and three misdemeanor charges – being under the influence of a controlled substance, possession of a hypodermic syringe and obstructing or resisting a peace officer, based on information included in Bohan's booking record.

Sources close to the case said Rivero transported Bohan to the jail following the arrest, and it was during that period that Bohan alleged the assault took place.

Jail records show that Bohan wasn't actually booked into the jail until 6:35 a.m. Friday, June 10.

Anderson said that on Friday his office received a report from Bohan alleging the incident, which triggered the investigation.

“I have an investigator interviewing people now,” Anderson said.

The interviews began on Friday and continued on Monday, according to Anderson.

He said Bohan has given his version, which included being assaulted while being handcuffed.

Anderson said his staff hasn't interviewed Rivero yet.

“We're running into some interference with talking to people in the sheriff's department and inmates,” said Anderson.

Asked to elaborate, Anderson said some of the jail's inmates who were being interviewed in relation to the case had “already been talked to” by the time his investigator approached them.

He did not say specifically who talked to the inmates, although he indicated that the sheriff's office was doing its own separate investigation into the matter.

As soon as the interference is cleared up, “our investigation will go a lot quicker,” Anderson said.

In an e-mail exchange on Monday evening, Rivero told Lake County News that neither Anderson nor Anderson's staff had contacted him about the investigation.

Asked about the allegation of interference and whether or not his office was doing its own investigation, Rivero wrote, “Mr. Anderson has not communicated with me. I have no knowledge of any interference. It is protocol to investigate any complaints we receive and we are proceeding accordingly.”

Rivero did not respond to another question about whether Bohan complained directly to the sheriff's department or if a sheriff's investigation was triggered by a complaint to correctional staff.

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