Police Misconduct Cases and Transparency Law
Police Misconduct Cases
Overview
- A new police transparency law, SB 1421, took effect on Jan. 1, requiring the release of documents involving police use of deadly force, confirmed cases of sexual assault, and dishonesty.
- Police unions are fighting in court to keep law enforcement personnel records secret, arguing the law should not apply to incidents before Jan. 1, 2019.
- Media coalitions are battling the unions, asserting that all existing records should be subject to disclosure.
- A judge in Contra Costa County ruled that the law is retroactive, but this is not precedent-setting. A ruling in Orange County Superior Court is expected. Ultimately, the issue will likely be settled by the State Supreme Court.
- Some departments, including Pomona, Brea, and Palomar College police departments, have elected to comply with the law and release records (with names of witnesses and victims redacted).
Palomar College Police Department: Magauli “Vic” So’oto
- Magauli “Vic” So’oto, 56, served as a public safety officer since at least 2012, earning about 101,295 annually in salary and benefits.
- In March 2016, So’oto allegedly forced his hand down a dispatcher’s blouse and caressed her breasts during a ride-along after her shift.
- So’oto also drove to a hotel and suggested getting a room for a “full-body rubdown.” The dispatcher asked to be driven back to the police station.
- So’oto allegedly fondled the shoulders of another female dispatcher and gave unsolicited back rubs to women in the station and made unwanted sexual comments.
- During the internal investigation, So’oto denied any wrongdoing, but the investigation concluded he had been dishonest and violated sexual harassment statutes.
- The investigation, conducted by attorney Jeffrey B. Love, concluded that So’oto placed his hand down the dispatcher's blouse and offered physical resistance when she tried to move away or remove his hand.
- The fact finder concluded So'oto was not truthful to mask his inappropriate behavior and evade responsibility for his violations of policy and law, therefore, the allegations are sustained.
Pomona Police Department: Stephen Perez
- Stephen Perez, a 20-year corporal, was accused of having sex with a 17-year-old waitress he had been warned to stay away from.
- Perez, 42, allegedly took the girl overnight to a Palm Springs hotel and had some kind of intimate relations with her at the Pomona Police Officers’ Association headquarters.
- Investigators found that Perez visited the girl’s home 40 to 50 times and texted her 4,550 times, including after he had been ordered not to have any contact with her.
- Perez was estranged from his wife at the time of the relationship.
- Former Police Chief Paul Capraro wrote that Perez's conduct had a nexus to his job, given that one of his core duties was to investigate, arrest, and assist in the prosecution of suspects charged with criminal conduct, including those charged with having illicit sexual intercourse with a minor.
Brea Police Department: Michael Petronella
- Sgt. Michael Petronella was selling official department patches on eBay under the moniker “Patchwhore.”
- An administrator saw the ad in 2014 and realized it looked similar to others that Petronella had posted in the past under the name, “Hobbosurppluss.”
- The administrator believed that Petronella would never again sell department property after he was warned previously.
- Brea shoulder patches were available for 95. Petronella claimed he took the patches from a box lying around.
- Petronella told an interviewer that a lot of people collect police patches, and he was unconcerned that they would be sold to people who could masquerade as cops.
Brea Police Department: Jake Bogossian
- In 2017, Brea Officer Jake Bogossian pulled over a car driven by a woman he knew. She had a male passenger.
- Bogossian smelled alcohol on her breath and had her blow into a portable breathalyzer – she hit 0.153, almost twice the legal limit.
- Bogossian showed the breath test results to the driver, but did not look at them himself.
- Bogossian told investigators he thought other officers were too busy to help him make an arrest, so he ordered the driver to call an Uber and let her off with a warning.
- In reality, five other officers were available to help, according to the investigative report.
- Less than 20 minutes later, Bogossian saw the same truck being driven by the male passenger, who also allegedly was drunk.
- Bogossian pulled him over and arrested him on suspicion of driving intoxicated, this time calling for backup from other officers.