LAKE COUNTY, Calif. – Lake County’s district attorney has announced the results of his investigation into allegations that the sheriff violated federal law in May while responding to reports that the Hells Angels were coming to the county.
On Monday, following six months of investigation and review, District Attorney Don Anderson released a summary and chronology of the events that occurred on May 14 and his conclusions about Sheriff Frank Rivero’s actions.
Anderson told Lake County News that his staff prepared a 100-page report on the incident in which Rivero allegedly set up a blockade near Middletown in response to erroneous reports that Hells Angels motorcycle gang members were coming to the county.
Rivero did not respond to a request for comment from Lake County News Monday evening.
The district attorney said he is not pursuing criminal charges against anyone in the case, noting, “At this time it has not been determined that any criminal activity took place by any law enforcement personnel that could be prosecuted at the state level.”
However, Anderson suggested that there may be possible federal civil rights violations related to First Amendment rights to peacefully assemble, Fifth Amendment rights not to be deprived of life or liberty without due process, and the 14th Amendment right not to be denied of the right of equal protection under the law.
Additionally, Anderson said a possible violation of Title 18 U.S.C Section 242 – deprivation of rights under color of law – is a federal crime which his office can’t prosecute.
Anderson said the Federal Bureau of Investigation has requested a copy of his report for review.
“They asked for a copy a long time ago,” Anderson said of the FBI, noting that he has not yet forwarded the report to that agency.
He suggested that local law enforcement agencies needed to work together closely to create protocols to avoid such issues in the future, and that law enforcement personnel at all levels – “even the highest” – should receive the proper training in constitutional law and police procedures.
The chronology Anderson released on Monday is a summary of events. He said Rivero had not seen the report.
Rivero’s input also wasn’t included in the report, said Anderson.
“He wouldn’t speak to us,” Anderson said of the sheriff.
According to Anderson, Rivero – on the advice of his attorney – did not agree to an interview with district attorney investigators as part of the inquiry.
In addition, he said two deputies who his office had sought to interview did not speak to District Attorney’s Office staff.
One of the deputies had a scheduling issue and the second deputy initially was under an order not to speak to district attorney’s staff due to an internal affairs investigation, Anderson said.
The names of the deputies involved in the May 14 incident are being redacted in the report, Anderson said, due to concerns about the potential for retaliation.
Anderson said he received about 10 complaints from community members and law enforcement officers about the incident, which occurred on the same day that several dozen Vagos motorcycle gang members – Hells Angels rivals – made a large showing in downtown Lakeport.
The complaints Anderson received ranged from citizens who felt the response was “overboard” to law enforcement officers’ concerns that their safety was jeopardized and that Rivero’s actions were unconstitutional, Anderson said.
Anderson said he is required to look into such complaints.
Command staff, other agencies warned against actions
On May 14, between 50 and 100 Vagos arrived in downtown Lakeport, resulting in the decision by Lakeport Police and associated agencies to station officers in downtown and shut down part of Main Street until the group left, according to Anderson’s report.
Anderson said that his investigation revealed that shortly after 3 p.m. that day, the sheriff’s office received erroneous information that 150 Hells Angels were headed northbound toward Lake County.
Within the following hour, the Vagos started leaving Lakeport, and the sheriff’s office received another incorrect report that 150 Hells Angels were coming over Mount St Helena via Highway 29, Anderson said.
Anderson said that based on this information, and believing a confrontation was going to occur between the two motorcycle gangs, Rivero ordered law enforcement officers to block the entrance to Lake County, turn around all Hells Angels and deny them access into Lake County.
Deputies and officers were ordered to respond “code three,” which Anderson said involves the use of red lights and sirens, and permits speeds in excess of posted speed limits.
A total of about 30 law enforcement vehicles – the Lake County Sheriff’s Office, Clearlake Police, Lakeport Police, California Highway Patrol, California State Parks, California Department of Fish and Game and the District Attorney’s Office – initially were part of the response, said Anderson.
But some of those agencies – including the CHP and Clearlake Police – pulled out of the incident after they began to question its legality, Anderson said.
Anderson said his staff’s interviews revealed that Rivero’s own command staff advised him against the level of response the sheriff ultimately took.
Those interviewed by the District Attorney’s Office indicated that they told Rivero that the information about the Hells Angels who were reportedly on the way to Lake County was not good or reliable.
Anderson said Rivero was quoted as telling his subordinates and members of other agencies that he was taking the actions under his authority as sheriff, and that he didn’t care if the Hells Angels sued him later.
In addition, “He didn’t want to listen to CHP,” said Anderson.
During the blockade, Anderson said a deputy with an assault rifle was stopping civilian traffic, while three sheriff’s deputies were sent to a hillside with rifles to take cover in the brush in preparation for a confrontation with the Hells Angels.
He said three patrol vehicles nearly collided in Middletown as they sped toward the incident with their lights and sirens activated.
“We have it on video,” he said, adding that had there been a crash, “that could have been bad.”
Rivero also sent deputies over Mount St. Helena and into Napa County to look for the Hells Angels while a CHP helicopter patrolled the area, but no Hells Angels were found, Anderson said.
Anderson said his staff spoke with an FBI agent with the Sonoma County gang unit who said he told Rivero that the FBI couldn’t endorse, or make recommendations about, Rivero’s plans to attempt to shut down the highway to bar the anticipated arrival of the motorcycle gang.
In an interview with the Associated Press for a story about the Hells Angels that ran in October, Rivero admitted to putting up a roadblock – which he called a “basic response” – to keep the gang out of the county.
That article also claimed the motorcycle gang turned back before reaching the road block, while Anderson’s investigation revealed the Hells Angels weren’t on their way to Lake County in the first place.
Anderson said three Hells Angels were spotted south of Sonoma. He believes the reports of dozens of Hells Angels coming to Lake County arose out of simple confusion that stemmed from information already circulating about the Vagos’ presence in the county.
In August, Rivero released a copy of a report conducted by California Judicial Investigations, a San Francisco firm he commissioned to conduct an inquiry into the Hells Angels incident and several other matters.
The county paid more than $15,000 to the company for the report, which cleared Rivero of any wrongdoing.
Rivero said in an August statement that the California Judicial Investigations report’s conclusions “clear the way to move beyond the nonsensical and costly distractions that have been visited on the sheriff’s office, and me personally, since the DA began investigating these and other complaints.”
However, Anderson pointed out that the California Judicial Investigations report only included information based on interviews with four individuals, while his staff interviewed about 30 people – from rank and file deputies up to command staff and personnel from outside agencies – regarding the case.
As to why the Rivero’s response to the incident was so severe, Anderson said, “That’s still a big question in a lot of people's minds about why it went that way.”
Anderson’s report summary follows.
SUMMARY OF INVESTIGATION
INTRODUCTION
The Lake County District Attorney’s Office received several complaints from citizens and law enforcement personnel that on May 14, 2011, Sheriff Francisco Rivero attempted and conspired to stop members of the Hells Angels motorcycle group at the county line, turn them around and deny them access to Lake County, which if true would be a violation of their constitutional rights. The District Attorney’s Office is obligated to investigate complaints of an abuse of authority under the color of law.
Secondarily, complaints were made the that Sheriff had approximately 30 patrol units respond to the county line with red lights and sirens when there was no immediate and imminent threat to officer’s safety or the public.
SCOPE OF INVESTIGATION
The purpose of the investigation was two fold: (1) to determine if any crime had been committed by any law enforcement personnel, and (2) to assist in establishing proper procedure protocol for future similar events.
District Attorney Investigators interviewed more than 30 different city, county, state and federal law enforcement personnel who were involved in the occurrence. Radio logs, audio recordings and video (MAV) tapes were reviewed.
Of those officers involved in the incident only Sheriff Francisco Rivero and two other deputies refused or were not interviewed. Below are the undisputed facts as they occurred.
FACTS
There has been a long time dislike between the Hells Angels and Vagos motorcycle gangs. This dislike has in the past lead to violent and sometime deadly confrontation between the groups.
On May 14, 2011, the Vagos motorcycle gang planned a meeting at the Clear Lake Club in Lakeport. The purpose of the meeting, in part, was to show support for the local chapter and to claim Lake County as their territory.
By late morning various members from Northern California Vagos chapters started filtering into Lakeport. By noon Lakeport was inundated with 50 to 100 Vagos motorcycle riders. A large portion of the riders were congregated on Main Street between Second and Third Street.
Lakeport Police Department detoured all vehicle traffic in the three block area. Vehicles were allowed to leave but not return. Pedestrian traffic was allowed to come and go freely from the area.
Between 1:30 and 3:30 p.m. approximately 43 law enforcement officers converged onto Lakeport in their own show of force. Most of the officers were staged on Main Street to monitor the activities of the Vagos. Due in large part to the actions of the Lakeport Police there were no incidents or disturbances in this gathering.
At 3:06 p.m. the Sheriff’s Department received erroneous information that 150 Hells Angels were north bound towards Clear Lake.
At 3:30 p.m. the majority of the Vagos started leaving Lakeport travelling in smaller groups and in different directions. These smaller groups were followed out of town by law enforcement personnel.
At 4:01 p.m. the Sheriff’s Department received erroneous information that the 150 Hells Angels are confirmed to be coming over Mt. St Helena via Highway 29.
At 4:02 p.m. several law enforcement officers from different agencies are en-route to Middletown for mutual aid.
At 4:12 p.m., believing a large group of Hells Angels were coming to Lake County and if they meet the Vagos there could be a confrontation, Sheriff Rivero ordered all Law Enforcement officers to respond Code 3 to Middletown. Sheriff Rivero ordered law enforcement officers to block the entrance to Lake County, turn around all Hells Angels and deny them access into Lake County. A code 3 response involves the use of red lights and sirens and permits speeds in excess of posted speed limits.
At 4:14 p.m. CHP command staff orders their officers not to respond Code 3, but to respond to Middletown at safe speed.
At 4:16 p.m. the first of more than 35 officers arrive at Highway 29 and Bradford Road in Middletown to set up the road block. The north bound lane is blocked and traffic stopped or slowed, with only the south bound lane open. One Sheriff’s deputy is stopping civilian traffic while armed with an assault rifle. Three Sheriff’s deputies are sent to the hill side with their rifles to take cover in the brush in case of a violent confrontation with the Hells Angels.
At 4:22 p.m. three patrol vehicle responding Code 3 nearly collide with each other at the intersection of Highway 29 and 175 in Middletown.
At 4:24 p.m. Sheriff Rivero arrived at the scene.
Between 4:30 and 4:45 p.m. Sheriff Staff members and the CHP command staff question Sheriff Rivero about his authority to close the road, stop the Hells Angels and not allow them entry into the county.
At 4:47 p.m. CHP and Clear Lake Police officers leave Highway 29 and Bradford Road due to the legality of the plan to stop the Hells Angels, but stage in the area in case they are need for back up or traffic control.
At 4:48 p.m. the road block is discontinued.
At 5:08 p.m. Sheriff’s units start leaving the area of Highway 29 and Bradford Road.
In an attempt to locate the Hells Angels, three Sheriff Deputies are sent into Napa County. Calls were made to Napa, Sonoma and Mendocino County law enforcement agencies. All advise they have not seen any Hells Angels. CHP helicopter searches the surrounding area but can not locate any Hells Angels.
The original information regarding the Hells Angels came from a CHP officer in Sonoma County. He reported seeing 3 Hells Angels east bound on Highway 12 in Southern Sonoma County. He had also heard of the large number of Vagos in Lakeport. This information was relayed to his dispatch and an FBI agent. The FBI agent then reported receiving uncorroborated information from a credible source that there were Hells Angels traveling in the direction of Lake County.
Some confusion occurs between out of county agencies and it is reported to Lake County officers there were 150 Hells Angels north bound on 101 in Santa Rosa. Thereafter the report was that the 150 Hells Angels were east bound on Highway 12 en-route towards Calistoga and possibly towards Clear Lake.
It appears the information regarding the 150 Hells Angels was confused with the Vagos already in Lakeport. There never was a group of 150 Hells Angels. Nor was there any information that any Hells Angels were en-route to Lake County to fight or confront the Vagos.
FINDINGS
Although the intentions of Sheriff Rivero to prevent a potential fight between the Hells Angels and Vagos from were honorable, the law is clear that no single person or government entity can deprive citizens of the rights guaranteed them under the United States Constitution.
Case law continuously has held that regardless of the criminal history or affiliations, the government can not stop citizens and deny them the freedom of travel guaranteed them under Article 4 Section 2 of the U.S. Constitution. Additionally, such conduct violates person’s rights under the First Amendment to peacefully assemble; Fifth Amendment right not to be deprived of life or liberty without due process; and the 14th Amendment right not to be denied of the right of equal protection under the law.
Title 18 U.S.C Section 242 states “This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.” Any attempt or conspiracy to violate this law is also a crime.
California Vehicle Code section 21055 sets forth the circumstance in which a peace office is exempt from certain rules of the road by responding Code 3, that being with red lights and sirens. Among the circumstances are when responding to an immediate and imminent threat to officer safety or the public. In this occurrence, even if the information was true, there was no immediate threat to officer safety or to the public, which is why CHP refused to respond Code 3.
CONCLUSION
This office will not be seeking any criminal charges against any person involved in this occurrence. At this time it has not been determined that any criminal activity took place by any law enforcement personnel that could be prosecuted at the state level. A violation of Title 18 U.S.C Section 242 is a federal crime which this office can not prosecute. The Federal Bureau of Investigation has requested a copy of this report for review.
Vehicle Code Section 21055 is administrative in nature and not meant to constitute a criminal violation.
It is strongly suggested that the heads of law enforcement agencies work closely together to establish protocol for similar events in the future. It is also suggested that to avoid possible criminal and civil liability, law enforcement personnel at even the highest level receive the proper training in constitutional law and police procedures.
E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .