Stalk and Go Through Her Underwear: Get Reinstated to the Sheriff's Department

[Groups decry rehiring deputy
Leaders of two nonprofits urge supervisors to look into Durel's return after his trespassing case.

By Mareva Brown -- Bee Staff Writer
Published 2:15 am PST Friday, December 17, 2004
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Leaders of two prominent Sacramento nonprofit organizations demanded an official inquiry Thursday into the reinstatement of a sheriff's deputy who was fired after trespassing on duty into the home of a woman with whom he had become infatuated.
"It was intolerable behavior," said Nicolette Bautista, chief executive officer of Women Escaping a Violent Environment, which provides domestic violence shelter and counseling in Sacramento.

She said the conduct of Sacramento County Sheriff's Deputy Timothy James Durel, who was fired after jurors convicted him in August 2003 of a misdemeanor count of trespassing, "falls within a nationally accepted definition of stalking." Jurors deadlocked on two counts of abuse of authority after Durel ordered the woman's two young daughters to stay in the living room while he rifled her dresser.

Bautista Thursday urged county supervisors to reexamine the case to see if his reinstatement can be rescinded.

Bautista was joined in front of the county building by the president of the Howard Jarvis Taxpayers Association, Jonathan Coupal, who called for a "thorough review" of the policies and practices of the Sacramento County Civil Service Commission and for the dismissal of one of its commissioners.

"When a citizen of Sacramento calls 911, they want a police officer, not a perpetrator," said Coupal, who said Durel's reinstatement could be a costly liability for the county. "He's a menace to society."

Thursday's press conference came a day after members of a Sheriff's Community Advisory Board asked the commission to respond to a series of questions about its conduct in the wake of Durel's reinstatement.

Dozens of other citizens have expressed their outrage about Durel's reinstatement to county supervisors, the civil service commission, the sheriff and other officials since his return to duty was revealed last week.

In addition to Durel, four other deputies who were fired for theft, excessive force or conduct unbecoming an officer have been returned to duty and handed badges and guns in recent months.

The five commission members and the commission's executive officer, Leslie Leahy, have refused to comment on the re instatement proceedings, which were conducted in private.

Supervisor Roger Dickinson said on Thursday that supervisors do not have the authority to overturn any decisions made by the commission. But he cautioned against overreacting.

"Especially in this field (labor law), unless you know what all the evidence is, what actions have been taken, specifically what the law is, how the process has worked, it's hard to make a judgment about whether a good decision, a bad decision, an unjustified decision has been made," he said.

A hearing officer conducted a full evidentiary proceeding on the facts of the case and forwarded to commissioners a formal recommendation that Durel's firing be overturned. The reinstatement then was approved by three commissioners.

Durel's attorney, Christopher Miller, said the Sheriff's Department simply did not prove it had just cause to fire Durel during the hearing. Sources have told The Bee that Durel's termination was found to be illegal because the deputy already had been given a lengthy suspension for the incident soon after it happened.

"The process worked exactly how it's supposed to work, and it's unfair to ask for the recall of any single commissioner when the (Sheriff's Department) failed to prove its case," Miller said.

But following the lead of sheriff's officials, much of the blame has been directed at a single commissioner, Michael John son, who was appointed by Dickinson to the commission in October 2003 and is its current chairman.

Johnson, a former vice president of the local firefighters union, has been singled out for blame by sheriff's administrators, who have questioned whether his union ties present a conflict of interest.

Last week, department officials sent Johnson a letter demanding he disclose any conflicts of interest, including whether he had any ties to the law firm that represents the deputy sheriffs union.

On Thursday, Coupal urged county supervisors to remove Johnson.

Commissioners are appointed to five-year terms and can be removed only for cause by a four-fifths vote of the Board of Supervisors.

Dickinson said neither Johnson's union affiliations nor his vote to reinstate Durel is cause for his removal from the commission.

"It is hard for people who have had no exposure to labor law to immediately grasp all of its intricacies and finer points," said Dickinson, who is an attorney. "I think there actually is something to be said for having people who have some familiarity with it serve on the commission."]