Rohnert Park officer sued in filmed gun incident

The Rohnert Park police officer caught on video last summer as he pulled his gun on a man filming him is the subject of a federal civil rights lawsuit alleging, among other things, violation of free speech rights.

Officer Dave Rodriguez, a 14-year veteran, is seen on the viral video made July 29 driving up to Don McComas’ Hermitage Way home and training his own cellphone on the man through an open window of his patrol car before emerging from the vehicle, drawing his gun.

McComas, 53, who filmed the whole thing, had refused an order to remove his other hand from a pocket, saying “I’ve done absolutely nothing.”

As Rodriguez walked toward him with the pistol pointed at the ground, McComas can be heard on the video saying, “Put your gun down, really?”

Later in the just over two-minute encounter, Rodriguez asks McComas if he’s “some kind of constitutionalist” before holstering the gun, walking away and driving off.

McComas posted the video on YouTube. It has drawn nearly 500,000 hits.

He filed his lawsuit late last month in U.S. District Court for the Northern District of California in San Francisco. It alleges Rodriguez violated his rights to free speech and assembly by threatening him with a gun. It also accuses the city of having unlawful policies and of failing to train, supervise and discipline its officers.

Rodriguez was cleared of any wrongdoing in a city investigation of the incident and remains on active duty, said McComas’ lawyer, Daniel Beck.

The suit seeks unspecified damages for infliction of physical, mental and emotional injury.

City manager Darrin Jenkins did not immediately return a call Monday seeking comment.

A lawyer for Rodriguez also did not respond to a request for comment Monday.

McComas was apparently standing in his driveway near his own vehicles when he spotted Rodriguez in his car, “circling the neighborhood,” he said on the video.

City officials said he was responding to neighborhood complaints of parking violations.

McComas began filming as the officer slowed in front of his house. Rodriguez is seen making a radio call before rolling down his window and directing a camera at McComas.

After the officer got out and drew his gun, McComas appears to back away, recording as Rodriguez walks toward him. The two argue with Rodriguez, asking why McComas is filming him and McComas demanding to know why the officer is confronting him.

“Why are you doing this?” Rodriguez asks on the video.

McComas shoots back: “Why are you sitting here with your gun on me? This is why I’m doing this. To protect myself from you.”

You can reach Staff Writer Paul Payne at 568-5312 or paul.payne@pressdemocrat.com. On Twitter @ppayne.