Ventura County

No. 109           February 23, 1984

Deputy in Frequent Hot Water Appeals Firing

By Robin Sjogren

A Ventura County sheriff’s deputy who once reportedly told a supervisor he made errors on a report because he was high on marijuana is appealing his firing to the Civil Service Commission.

Scott Shaw, 23, Van Nuys, who had been a deputy since July 1980, was fired on Nov. 15 for allegedly lying to his superiors, falsifying reports, violating regulations by storing evidence in the wrong locker, and acting in a manner that discredited the department.

His appeal was heard by the commission this week. 

A letter signed by Assistant Sheriff Larry Kalsbeek and read into the record at Shaw’s hearing Tuesday outlines why department officials took such drastic steps.

Two specific arrests were mentioned in the letter.

Sheriff’s officials said Shaw “misstated “ the sequence of events leading up to the arrest of Donald Jackson on June 24 in the Silver Strand area. 

Jackson was arrested on suspicion of assaulting Shaw and resisting arrest, but a witness to the arrest testified Wednesday that never happened. 

Donnie Sutton told the three commissioners at the hearing that he was sitting on the balcony of his house when he saw what he thought was a routine traffic stop across the street. 

Shaw says in his report that Jackson immediately jumped out of his car and ran toward him in a threatening manner and took a swing at him. 

Sutton said that wasn’t the case.

He said Jackson stayed in his car when Shaw approached and got out some minutes later to demonstrate that his brake lights were working.

Jackson then became angry and demanded to know why he had been stopped, Sutton said.

After Jackson began yelling and swearing, Sutton said, Shaw made Jackson lean over the hood of the car and later put handcuffs on him and took him away. 

Sutton said he was surprised when an officer who arrived at the scene later told him that the arrest was for assault.  He said that if Jackson had hit the deputy he would have seen it. 

The termination letter also says that Shaw misstated in a report the probable cause for stopping a vehicle in the Silver Strand area.  The letter says Shaw said he thought the car driven by Eric Redford, was lost or stolen, but dispatch reports showed Shaw obtained information about the vehicle only after he had stopped it.

The letter states that in the Redford case, Shaw gave a false description of physical evidence and misstated the timing of when he tested Redford for drug symptoms.

Redford was arrested on suspicion of being under the influence of drugs.

The letter further says that the evidence in the case was put in a storage locker instead of the evidence locker, which was against regulations.

When Shaw was interviewed about possible errors in his arrest reports, the letter states, he first claimed they resulted from his being high on Marijuana.  He later changed his story about the reason for his errors and about what happened in the incidents, it says.

The letter also goes into past problems Shaw has had. 

It says that on Dec. 28, 1981, a complaint was lodged against Shaw alleging that he used unnecessary force on a jail inmate, gave false statements to his superiors when questioned, and failed to behave properly.  Those allegations were found to be true by department officials, the letter states.

The letter also says that on Jan. 2, 1982, another complaint alleging excessive force against an inmate was filed against Shaw and determined to be true.  

On the basis of both complaints, the letter says, Shaw got a 20 day suspension and was ordered to get psychiatric counseling. 

Sheriff’s officials said Shaw has been counseled a number of times about his credibility and actions regarding those arrests. 

A Jan. 2, 1981, evaluation of him says that “at times he has a tendency to make more of a situation than is warranted by the facts. 

The letter concludes by telling Shaw that the incidents noted show a continuing pattern of untruthfulness in reports and in dealing with supervisors and investigators…Your continued conduct in this manner has resulted in your credibility being destroyed in the eyes of your peers and your supervisors.

Dennis Slivinski, representing the county, will resume his presentation when the commission meets again on March 8 and 9.  Shaw will also put on his defense at that time.