LAKEPORT – District Attorney Jon Hopkins agreed to take on an investigation into a deputy's flight training under a federal grant, and the Board of Supervisors directed the county counsel to explore civil remedies at the board's Tuesday meeting.

In January, the Board of Supervisors sent letters to the California Attorney General's Office and the Federal Aviation Administration, asking them to look into aspects of Sgt. Dave Garzoli's helicopter pilot training that was done on helicopter time paid for by a federal Drug Enforcement Administration grant, as Lake County News has reported.

Garzoli had a crash landing last June, an incident that was the first inkling for the Board of Supervisors that such flight training – which they've since said they would never have approved – was taking place.

But the Attorney General's Office responded in a letter to Board Chair Anthony Farrington that it didn't have the resources to investigate a possible misappropriation of public funds.

“I think our board had a pretty good gut feeling that this would be the result,” Farrington said of the letter from the Attorney General's Office.

The FAA's response letter said it found no issues with Garzoli's license, although it suggested that by training Garzoli wasn't conducting law enforcement activities.

That suggestion, in turn, would raise the issue for the board that they should pursue the return of funds not just for night flights Garzoli took but for all of his wages during the time he was flying.

Supervisor Denise Rushing said she thought a county audit of Garzoli's flight activities was “more than sufficient” in helping compile a picture of the flight hours.

What they don't know, she said, and what an investigator could ask, is if Garzoli thought he had permission for the flying.

She reminded the board that she had asked Sheriff Rod Mitchell a few times at previous meetings if he knew it was happening. The first time he said he didn't, the second time he said “not to this extent,” Rushing recalled.

“At some point we need to take action,” she said, adding, “That money needs to come back to the county.”

Mitchell, who was present for the discussion, did not speak during the meeting.

County Counsel Anita Grant cautioned the board that if they requested an investigation that would mean that there are still facts and information unknown to them, and that they shouldn't make certain statements in relation to Garzoli's alleged conduct.

She added that if the board decided that if they wanted to pursue the issue civilly, they could give her direction to do so.

Farrington pointed out that they had an admission from Garzoli about the activities, which to him moves beyond the realm of allegations. If substantiated, Farrington said the board has terminated department heads for lesser offenses.

Hopkins told the board that his office normally investigates with a view to determining whether or not criminal charges can be filed, but there are “very narrow areas” where they can do civil filing. His office also occasionally leads investigations for county departments and other local law enforcement agencies.

He said he has worked on federal grants before, and that it can be hard to get federal agencies to participate in such inquiries.

Regarding the Attorney General's Office's response, Hopkins said he wasn't surprised, as he has a long history dealing with them. “It's pretty rare that they'll do that.”

Hopkins wanted to know if, in addition to a criminal determination, the board was seeking suggestions on a civil case or administrative action.

Rushing, who noted she was frustrated by the case, said they've taken what actions they can at this point.

“The real question that I have is was a crime committed?” she asked, and that's what she wanted evaluated.

“If it would have come before the board, we wouldn't have approved it,” Supervisor Jeff Smith said of the flying. Smith added that had it not been for the crash landing, the board might never have known about it.

Citing the FAA letter, which didn't consider Garzoli's flying to be part of a law enforcement mission, Smith said that every bit of the training time should be reimbursed by Garzoli. Smith said the FAA said training and law enforcement duties can't take place at the same time.

“To me it's a misuse of public funds,” he said.

Farrington asked Grant if the board could move on two parallel tracks – having Hopkins make a determination of whether or not criminal conduct had taken place while also pursuing civil remedies. Grant said yes.

Farrington said that, at a minimum, he wanted to start the civil process as a result of the discussion.

Hopkins said he would work with the DEA and FAA to understand their rules and regulations for the grant. “That's probably the starting point.”

Brown said they have to be willing to accept whatever outcome results from the investigation.

Farrington asked about a criminal grand jury. Hopkins said the county does have a criminal grand jury set up, and they could put it into action. The district attorney would present a case to them and they would decide if there was enough evidence for an indictment based on a preliminary hearing standard.

Grant cautioned that setting up a criminal grand jury “would take an awfully long time.”

Hopkins added, “It's a confidential proceeding, too.” He suggested the best approach would be to have any criminal filings and preliminary hearings open to the public.

He noted that Mitchell had stated he would make his records available for the investigation.

During public comment, Finley resident Phil Murphy asked Hopkins if there was any applicable statute of limitations, since the June anniversary of the crash landing is approaching.

Hopkins said he would need to analyze the potential charges. He explained that misdemeanors have one-year statutes of limitations, while felonies vary, and he believed the conduct in question would most likely fall within the felony statutes.

“The one year is not going to be a problem for us,” he said.

Murphy referred to comments he made during a previous board discussion, which was that the county should try to get reimbursement for the known training flight time. He said he doubted the DEA would want to get involved because it makes them look bad, and it's not important to the Attorney General's Office.

He said it's good to get reimbursement for flight time and the wages paid to Garzoli during that flight time. “That was another clear misuse of public funds there.”

Murphy said they had to ask themselves if there was criminal intent. “I'm not convinced he had an sort of criminal intent,” he said. “It was obviously a misguided intent.”

He added that he didn't think they could sell an allegation of criminal intent to a jury.

Murphy said he hopes the sheriff will come up with a policy that after you've wrecked two department vehicles that a person is dismissed. Several years ago Garzoli wrecked a patrol car.

In addition, Murphy said that Garzoli tried to cover up what was done and brought a lot of disdain and distrust on the sheriff's office at a time when the office didn't need that, which Murphy suggested was more grounds for dismissal. He said he's seen people fired from the sheriff's office for less.

The board directed Grant to consider civil remedies and come back with proposals, and Hopkins agreed to pursue the criminal investigation.

Because the case already is well known, Hopkins said he saw no problem with offering a public release when a decision is made.

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