Concerns raised over DA investigator weapons
Chris Durant The Times-Standard
Article Launched: 05/19/2007 04:29:32 AM PDT
The proposed arming of district attorney investigators with semiautomatic rifles is raising some questions about whether that unit of the district attorney's office should act as a police force.
Humboldt County Administrative Officer Loretta Nickolaus asked District Attorney Paul Gallegos earlier this month to explain the proposed purchase of eight AR-15 rifles.
Nickolaus laid out a series of concerns in an e-mail and questioned whether the weapons were “outside their course and scope of work” and whether it would create a conflict if investigators were at the scene of a standoff or hostage situation as backup.
”Does the DA's office have a use of force policy, and or training programs or policies for any of this stuff?” she wrote in an e-mail to Gallegos. “There are many questions, and I need answers before I can approve these purchases.”
A meeting between Nickolaus and the district attorney's office is scheduled for May 29.
In a series of interviews this week, Gallegos said his investigators are like any other police officers and need to be well-equipped because they sometimes act on their own in remote areas without police backup.
He said his office has a use of force policy, but refused to turn over a copy to the Times-Standard, saying it's not public record.
The Eureka Police Department and the Humboldt County Sheriff's Department said their use of force policies are public record. The EPD immediately faxed over a copy.
The San Diego County district attorney's office also said its use of force policy is public record.
The weapons request came soon after chief investigator Mike Hislop moved over to the office from the Eureka Police Department earlier this year.
”I want my guys equipped just as much as the other officers,” Hislop said.
He gave a recent example of investigators accompanying an attorney to check out an old homicide scene in Weitchpec without any other police presence. DA investigator Tom Cooke, who this week assisted other agencies in a large marijuana bust on public lands where an AK-47 was found, said he was the only officer on the scene without a rifle.
Investigator Wayne Cox said he has accompanied witnesses, attorneys and victims to crime scenes in remote areas without other law enforcement.
”And backup is a long way away,” Cox said. “I don't want to get in a gunbattle with a pistol against someone with an AK-47.”
A small survey of other district attorney's offices in rural areas found rifles weren't unique, but other similarly sized offices were not armed to the degree Gallegos is proposing.
Dan Kartchner, chief investigator for the Shasta County district attorney's office, said there are three assault rifles available for his investigators to use on a check-out basis. The rifles have been used in fugitive pursuits and to patrol remote areas during natural disasters such as fires, Kartchner said
Ed Kanutsen, chief investigator with the Napa County district attorney's office, said his office does not have assault rifles but would buy them if he had the resources.
The request has come to the attention of other North Coast law enforcement officials.
”From my perspective, I'm a little puzzled by it,” said Eureka Police Chief Garr Nielsen. “But it's up to the district attorney to use his resources as he sees fit.”
Nielsen, who just moved to the area from a Sheriff's Department in Oregon, said when he worked with district attorney investigators in Oregon, they were more in a follow-up investigation role.
Gabe Harp, a senior consultant for Police Officer Standards and Training, said DA investigators do engage in special investigations and he noted there is a lack of backup in remote areas.
”Because of the types of investigations they might get, a little handgun can seem impotent at times,” Harp said.
As for the number of weapons requested, Hislop said each rifle's sights would be adjusted to an individual investigator who would have to qualify with their weapon at a range every three months.
”If they don't qualify, they don't get the rifle,” Hislop said.
Five of the eight investigators were police officers in local departments before coming to the district attorney's office.
Hislop added that if another agency requested assistance from his investigators, and they were able, they would respond and assist.
The $12,000 being used to purchase the weapons comes from the District Attorney Asset Forfeiture trust funds which Hislop said can only be used to purchase equipment.
The DA's office has two similar but older rifles. Investigator Mike Losey has been with the office for 10 years and said there were plenty of times he armed himself with one of the rifles during an investigation.
Hislop said he's scheduled to meet with Nickolaus to talk about the concerns.
”I have an answer to all her questions,” he said.
Staff Writer John Driscoll contributed to this story.
Chris Durant can be reached at 441-0506 or cdurant at times-standard.com.
Comments on TS site:
If they have 2 I don't think they need a further 8. It sounds like they do have use for some rifles, though maybe not AR-15s. Gallegos should stop being a weirdo and hand over their use of force policy.
Max | 05.19.07 - 5:27 am | # |
I am beginning to really dislike the arrogance of Gallegos. What next? I think all social workers should be heavily armed. You never know when they will have to clear out a room.
Bill the Chimp | 05.19.07 - 7:36 am | # |
With some in the community questioning the impartially of the D.A's Office investigating major police incidences and calling for the formation of a Citizen's Review Board, the intended acquision of AR-15 rifels by the D.A. Investigator's office under the guise of being ready to assist local agencies in drug raids and swat type situations does nothing to put those questions to rest. The D.A Investigators would do well to remember that they are an investigative unit...not Rambos
John | 05.19.07 - 8:54 am | # |
Is there something mentally wrong with this guy? Bribes, plagiarism, mismanagement, one failed prosecution after another, and now he wants his own assault team. Shouldn't we run the moron out of office BEFORE we pay a small fortune to arm him to the teeth?
anonymous | 05.19.07 - 9:14 am | # |
OH OH!! Don't sound good...........
D Jones | 05.19.07 - 9:30 am | # |
"Rambo"?___The "Terminator"? [What's the diff?]
DtB | 05.19.07 - 9:38 am | # |
Oh my ! Arming law enforcement officers ? The DA investigators are law enforcement officers by the way.
Has the Arcata syndrome infected everybody in Humboldt County ? Maybe we should get rid of all their guns & give them peace symbols instead.
Jim E | 05.19.07 - 9:57 am | # |
Did anyone check out some of the prices?
$1900 per rifle is pretty high for a AR-15, even with a red dot halo site and a couple of extra mags.
And the ammo cost must be a misprint, $198 would buy about 800-1000 rds, not a 20 rd box.
Anon12345 | 05.19.07 - 9:58 am | # |
No one questions whether DA investigators should have guns, Jim. Of course they have them, and this is proper. What they should not have is an in-house assault team commanded by a rogue cop who answers to an incompetent attorney. It's unnecessary, it's unprecedented and it's just plain wrong.
Ronald | 05.19.07 - 10:31 am | # |
Somebody needs to take a close look at the conflict-of-interest issues here. Loretta Nickolaus raised the question, and it needs to be answered. The second the DA's office begins to conduct its own raids and sweeps, it can no longer impartially investigate those incidents. More important, it can no longer operate with legal immunity for these voluntarily assumed duties, which opens the county up to enormous liability. If you think paying off Tammy Falor was expensive, wait until one of the DA's gun nuts shoots someone.
ReedJ | 05.19.07 - 10:38 am | # |
I wonder if anyone has told Paul's traditional SoHum supporters that he wants the weapons and other equipment to augment his asset forfeiture efforts. I would think that might make a few growers rethink their generous cash contributions to his next campaign.
Ronald | 05.19.07 - 10:41 am | # |
Regarding the comment by Bill The Chimp: "What next? I think all social workers should be heavily armed."
Have you ever stood in line or had to be at the local social services/welfare office? That is where all our tweakers and crackheads are! (Sorry to the few minority of people that REALLY are there for deserving reasons...). Anyways, I bet you ask a few social workers, they would agree with your meant to be sarcastic comment! That place gets petty freaky!
But back on the subject...Maybe those used-to-be-cops should have stayed cops and should accept their new job for what it is.....I think they should have a few rifles on hand, but stay out of the standoffs, that's what the police officers are for.
- | 05.19.07 - 10:52 am | # |
Seems to me that Hislop came over to the D A' S Office from gestapo minded epd (I hope the new chief and it sounds like he will change epd"s attitude they have towards the public)with no supervisory experience except car crashes.. Now lets see the smoker Gallegos hires him to be the chief investigator, which is supposed to be in charge of all investigations for the district attorney. Seems just like another "smoked uped" decision to hire hislop by Paul. Now hislop wants assault weapons. come on what are you two smokin. they do not need assault guns, After all how many arrest have they made in the past 25 years.
annon | 05.19.07 - 11:17 am | # |
The local media should be ashamed of itself for this tabloid atmosphere in which it shrouds every story. This is a non-story, and he will get his guns. You guys will have your story if they are ever used. Since when have the local papers turned into God, determining which law enforcement officers get to have what equipment?
The local news media is toxic.
Anonymous | 05.19.07 - 11:57 am | # |
Yes, while they are sworn officers with a badge and a gun, they have elected to leave the "streets" and step into an investigative unit. Most often crimes are investigated after they have occured. And we have police officers and deputies on the streets and in the courthouse to handle incidences as they arise. I'm assuming that they are qualified to do their job or they would not have been hired... big assumption I know. Therefore, there should be no reason for the DA investigators to "come to the rescue" of other officers who are trained, equipted and competent to do the job they signed up for. Ya know, for as long as I have lived here, EPD has had the reputation of being egotistical big fish in a small pond. Not that I believe all of them are, but in my opinion, these investigators helped EPD get that reputation in the first place and have not yet let go of it... their ego that is.
Tami | 05.19.07 - 12:08 pm | # |
Gotta love it folks! When the "right" crowd whacks out, the "left" crowd becomes suspicious of everything. Hehehe! Sound familiar?
Look at it this way... big guns are big guns. Bad guys have big guns too. So, there needs to be balance.
Arming DDA's with artillery is much less expensive then hiring a new police officer. More money left over for those all important social services that never end.
You all have more to gain by obeying the laws. It ain't a football game, don't ya know?
Mike | 05.19.07 - 12:26 pm | # |
Yea, Mike we all know life isn't a football game! However, everyone has a role to play.. ie: Police Officers for the city streets, Sheriff's Deputies for the county areas and the D.A Investigators for INVESTIGATIONS.. get it?
John | 05.19.07 - 12:33 pm | # | Report this comment for offensive material
Hey! I have another idea! Why not sponsor a fund raiser!
Raise money for the purchase of those assault weapons by selling arts and crafts and perhaps some of your dope behind the tent? Raffles are always a winner, too!
Door prizes... get out of jail "free" cards!
That'll work! Community involvement!
Mike | 05.19.07 - 12:37 pm | # |
Just a thought. The investigator is investigating a 2 strikes doper for meth production out in the middle of nowhere. Investigator is looking for sites, and runs across the doper. The Investigator has a 9mm pistol, the doper has an ak. The Investigater is now in trouble. Remember there are bad people, many have multiple felonies. With a Carbine the Investigator has a much better chance of survival.
Is it because the rifle in question is an AR 15 that some are upset? As for mutual aid, if a Ferndale cop is in trouble and calls for assistance, the theory seems to be that the DA's investigator can't respond. That's ****.
tj | 05.19.07 - 1:13 pm | # |
If a Ferndale cop needs help, the Sheriff's Office or Fortuna PD would respond.
The Hislop/Gallegos connection is troubling. Hislop replaced Jim Dawson. Dawson is Hislop's father-in-law. How is it that Dawson was allowed to handpick his unqualified son-in-law to replace him? Wasn't there a background investigation into Hislop's cloudy past?
Dig deeper folks. There's a rotten smell coming from the DA's Office and it started when Hislop got hired. Its going to get worse.
Ask questions about the EPD shootings and find out what role Hislop played in them and what role he'll have investigating them. Now there's a conflict, eh?
Annon | 05.19.07 - 1:47 pm | # |
Can either the Times-Standard or Eureka Reporter discuss these issues without such blatant animosity towards the DA? I have a feeling if you guys sniffed some sort of controversy over the DA's office NOT having enough AR-15's for the officers you would run with that story!
Anonymous | 05.19.07 - 1:49 pm | # |
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