Families tell task force of painful encounters with Sonoma County law enforcement

The families of three people who died during confrontations with Sonoma County law enforcement officers gave powerful testimony Monday before a county-appointed task force about how they were treated after their loved ones were fatally shot.

The task force, formed by the Board of Supervisors to address grievances laid bare after Andy Lopez, 13, was shot dead one year ago this week by Sheriff’s Deputy Erick Gelhaus, held an emotionally charged four-hour meeting, after which it voted to send a recommendation to the Board of Supervisors that Sheriff Steve Freitas’ decision to put Gelhaus back on patrol is preventing the community from healing.

Task force member Francisco Vázquez said Freitas “mishandled” the reintroduction of Gelhaus to patrol by “not openly addressing the people of Sonoma County, the task force, the Board of Supervisors.”

“It created the kind of misunderstandings and animosity we’re now having to deal with tonight,” Vázquez said.

On Monday, the task force approved a statement echoing a previous letter sent by a subcommittee to Freitas. The entire task force recommendation will instead address the Board of Supervisors and ask that the board communicate to the sheriff that he should reconsider his decision to place Gelhaus back on patrol.

The recommendation passed with an 11-6 vote.

After the meeting, task force member Sheriff’s Lt. Mark Essick said he felt the vote was an effort by a very small community group to subvert Gelhaus’ constitutional due process rights, noting the District Attorney found no criminal culpability in the shooting.

“This group wants only to punish and disenfranchise Deputy Gelhaus as a form of retribution for this tragic incident, and that is wrong,” Essick said.

Before the vote, the families of loved ones who died during encounters with law enforcement were asked to speak before the Community and Local Law Enforcement Task Force about their experiences with law enforcement in the aftermath of the shootings and navigating the legal system. They also were asked to give suggestions about what resources families in their place need and input on the role of a civilian oversight board.

The wives, a mother and a brother of three men who died after police responded to 911 calls about mental health crises and a domestic disturbance spoke to the task force panel about being held in cold interview rooms with small children overnight without even a blanket, not being told a husband had died during the encounter until hours later and being treated with suspicion.

“Make no mistake, our family felt attacked, bullied and insulted,” said Patricia DeSantis, whose husband, Richard DeSantis, was shot by officers after she called 911 in 2007.

“Law enforcement treated me like a legal adversary from the start,” said Valerie Barber of Point Arena, mother of Jesse Hamilton, who was shot and killed by police at a group home in 2008.

“The couches and beds were upturned, the kids’ rooms were completely torn apart … The place was no longer my home but a ransacked (shell). They even took my journal. I was completely violated by those I called to help me,” said the wife of Glenn Swindell, Sarah Swindell, whose husband committed suicide in May during an 11-hour standoff with Sonoma County sheriff’s deputies.

The speakers suggested families be given more immediate access to information about what took place, told about their rights when they are detained by officers and given critical information such as the legal timeline for filing a civil complaint, among other suggestions.

“Why are they making it so difficult for my family to find information about my brother? One must ask oneself if there is a hidden motive here,” said Glenn Swindell’s brother Rick Swindell, who flew in from Arizona to address the group.

Formed by the Board of Supervisors in December, the 21-person task force is reviewing options for an independent citizen review body, considering whether to separate the Sheriff’s and Coroner’s Offices, looking into community policing practices and developing strategies to restore public trust in law enforcement.

Previously, the Community Engagement and Healing Subcommittee of the task force sent a letter dated Sept. 9 to Freitas asking him to rethink his decision to return Gelhaus to active patrol and consider reassigning him to a different post.

Freitas responded to the note in a letter dated Oct. 3 in which he stated that he understands “there is frustration regarding this topic with some in our community” but stated that “it is my constitutional responsibility to follow policies and laws.” Freitas noted that an internal investigation found Gelhaus followed department policy and Sonoma County District Attorney Jill Ravitch found the shooting was justified.

The Sheriff’s Office has received “literally hundreds of calls, letters of support and personal interactions with the public that expressed support for Deputy Gelhaus’ return to patrol duty. This includes neighborhoods throughout the entire county. As sheriff, l am elected by the county as a whole and must balance needs for all citizens.”

EDITOR’S NOTE: An earlier version did not include in the task force recommendation to the Board of Supervisors that Sheriff Steve Frietas reconsider his decision about putting Deputy Erick Gelhaus back on patrol duty.