Superior Court Judge Harry Tobias granted a temporary
restraining order against a San Benito County sheriff’s deputy
after a Hollister woman filed a complaint claiming the deputy
sexually assaulted her while on duty and continually harassed her
at her home in the days following the incident.
Hollister – Superior Court Judge Harry Tobias granted a temporary restraining order against a San Benito County sheriff’s deputy after a Hollister woman filed a complaint claiming the deputy sexually assaulted her while on duty and continually harassed her at her home in the days following the incident.
Deputy Jack Smiley did not oppose the temporary restraining order to stay at least 50 yards away from Rachel Sanchez and her 7-year-old daughter Tuesday, pending a criminal investigation by the Hollister Police Department.
“As long as it’s just a temporary restraining order, not a permanent order, I have no objection,” Smiley said during a court hearing Tuesday morning, where he appeared without an attorney.
Smiley could not be reached for further comment by phone or at his home Tuesday.
Smiley, a four-year veteran of the department and former Hollister police officer, is on administrative leave – although Sheriff Curtis Hill wouldn’t confirm it was related to the allegations because it is a personnel matter.
The temporary restraining order, first issued in late April, will be in effect until Aug. 2 when Hollister police should finish a criminal investigation into the allegations. Tobias will decide whether to make the order permanent at that time.
In her complaint, Sanchez alleged that after Smiley apprehended her for being drunk in public at Daisy’s Bar in San Juan Bautista in March, the deputy sexually assaulted her at Hazel Hawkins Hospital by penetrating her with his fingers after transporting her from the county jail for the public intoxication. He then began calling her at home, told her he “had a good time,” with her and that she had “nice legs and thighs,” and eventually began visiting her at home while on duty in an attempt to begin a relationship, according to the restraining order.
Hill said he forwarded the complaint to the Hollister Police Department several weeks ago for investigation. He refused to say how long Smiley has been on administrative leave or comment on the contents of the complaint because it’s a personnel issue. Hollister Police Chief Jeff Miller also declined to comment because the investigation is pending.
Hill declined to say whether there have been any prior complaints filed against Smiley or where the investigation stands.
“Any allegation of criminal behavior on a deputy sheriff is serious on any level,” Hill said. “The way we’re looking at it, any person is innocent until proven guilty. That’s just a general policy.”
The temporary restraining order was originally signed by Tobias on April 21, but wasn’t delivered to Smiley until May 1, according to Marshal Robert Scattini, who served Smiley. Tuesday’s court hearing gave Smiley the opportunity to challenge the temporary restraining, which he declined to do.
Sanchez filed for the temporary restraining order after Smiley began continually calling her and stopping by her home while on duty after he took her into custody at Daisy’s Bar for being drunk in public, she said. Sanchez, who said her blood alcohol level was .36, was handcuffed and placed in Smiley’s patrol car before “blacking out,” she said. Sanchez also said she is taking several medications for psychological disorders.
She woke up handcuffed to a hospital bed in Hazel Hawkins Hospital but was sent home without any pending charges against her for being drunk in public, Sanchez said.
Later on the day she was released, Sanchez claims Smiley called her at home to ask how she was doing and told her he took her to jail but couldn’t get her out of the patrol car because she was “unresponsive,” so he took her to the hospital. Hollister Police Capt. Bob Brooks said if someone is drunk to the point of unconsciousness by the time they reach the jail, proper Hollister police protocol would be to call an ambulance to transport the person to the hospital.
“He went on to say that I was the drunkest person that he had ever arrested. He was laughing and talking to me as if we were long-time friends,” Sanchez stated in her complaint. “I told him that I was embarrassed over the whole incident. He said, ‘That’s OK, I had a good time.'”
Sanchez said the day after the incident, while was taking a shower, she remembered that Smiley penetrated her by putting his fingers inside of her vagina while she was at the hospital, dressed only in a hospital gown.
Smiley continued to call Sanchez at home, and one day asked her if she wanted to be his “beat wife,” which is a girlfriend you sleep with while you’re on duty, she said. After she declined his proposition, she said Smiley asked if she would give him a hug before leaving her house. Sanchez said he continued to call her until she changed her phone number, and then he started coming over to her house in his patrol car and uniform.
One of Sanchez’s neighbors, Janet Finch, signed an affidavit under penalty of perjury stating she saw Smiley frequent Sanchez’s home at least twice a week and would sit in his patrol car and talk to the neighbor kids even when she wasn’t home. Another of Sanchez’s neighbors who asked to remain anonymous said she saw a sheriff’s deputy in uniform stop by the house several times a week.
Sanchez filed a complaint with the sheriff’s office because she was afraid of what might happen if she told him to stop harassing her, she said. After she filed the complaint she was interviewed by the sheriff’s department and Hollister Police Detective Tony Lamonica, who’s heading the criminal investigation. Sanchez then filed the restraining order because she was afraid he might retaliate against her for coming forward, she said.
“I don’t know how they’re going to reprimand him, if they are, and then who’s going to protect me?” Sanchez said. “He used his authority. He’s a police officer. We all trust them. I’m sure there are some that are good, but there are some that give all the good one’s a bad name.”
While Hollister Police Chief Jeff Miller would not comment on the specifics of the investigation into Smiley, he detailed proper police protocol when complaints are filed against officers. After taking both party’s statements, investigators conduct interviews of witnesses, collect evidence and then decide whether an arrest is warranted, he said. In some instances, the investigation will be forwarded to the District Attorney’s Office before an arrest is made to get a sense of what is needed for prosecution, Miller said.
Although Hill wouldn’t comment specifically about Smiley, he said if someone comes forward with a serious allegation against a deputy, the deputy could be put on administrative leave immediately and an investigation would commence.
Smiley and Sanchez, who is being represented pro bono by defense attorney Arthur Cantu, will return to court on Aug. 2 at 8:30am for a permanent restraining order hearing.
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or
em*******@fr***********.com
.
