A sheriff’s deputy accused of sexually assaulting a Hollister
woman while on duty is back on patrol and released from a temporary
restraining order after his accuser failed to show up in court
Tuesday.
Hollister – A sheriff’s deputy accused of sexually assaulting a Hollister woman while on duty is back on patrol and released from a temporary restraining order after his accuser failed to show up in court Tuesday.
Rachel Sanchez did not appear to request any further legal action against Deputy Jack Smiley, who was put back on patrol a week ago after being suspended for several months. Her attorney, Bill Marder, is no longer representing Sanchez and said any plans to file a lawsuit against Smiley and the county are up in the air.
“I don’t know what Rachel wants to do,” Marder said. “All that would be her decision, now.”
Sanchez could not be reached for comment Tuesday, however Smiley was pleased to finally be able to put the ordeal behind him and get back to work.
“This has been a horrible ordeal. I was born and raised in this county, my friends and family are here,” Smiley said. “I feel for her to come forward and make allegations like that, it hurt me, it hurt my family. It’s bad for police and it’s bad for the community.”
Smiley was put on administrative leave several months ago after Sanchez filed a temporary restraining order against him and filed a criminal sexual assault complaint with the Hollister Police Department. Though Sanchez accused Smiley of sexually assaulting her at Hazel Hawkins Hospital while she was unconscious, the Hollister Police Department could not substantiate the claim and District Attorney John Sarsfield declined to file criminal charges against the deputy. Smiley’s attorney said the deputy never behaved inappropriately.
The sheriff’s department recently completed its internal investigation into Smiley’s conduct, but Sheriff Curtis Hill declined to comment on whether the investigation cleared Smiley of any wrongdoing because he said it is a personnel matter. Smiley, who was patrolling the San Juan Bautista area before the complaint was filed, has been put on patrol in north county, Hill said. The move was simply a scheduling change, and didn’t have anything to do with the allegations, Hill said.
“(Smiley) was informed that the investigation is complete and we’ll be moving on to the next process,” he said. “Anytime you have a disciplinary issue with an employee, you take them one at a time, weigh each one by their own merits, find out what the investigation reveals and you try to do the right thing.”
Smiley’s attorney, Steven Cohn, said his client has no desire to go anywhere near Sanchez and is confident the woman will not file a lawsuit against Smiley or the county.
“I don’t think anyone will take the case,” Cohn said. “This was a black eye for Jack and it takes a long time before it passes. But when you’re on the front line, you’re subject to all these allegations. In these cases, seldom does the officer have an opportunity to really defend himself because he’s not allowed to once the county attorney gets involved.”
Sanchez’s complaint and subsequent restraining order stemmed from an incident in March when Smiley took her into custody for being drunk in public with a .36 blood alcohol level at Daisy’s Bar in San Juan Bautista. She alleged that after Smiley apprehended her, the deputy sexually assaulted her at the hospital after transporting her from the jail for the public intoxication. Sanchez, who says she takes medication for psychological disorders, said she didn’t remember what happened until after she was released from the hospital.
She also alleged Smiley began calling her at home until she finally changed her phone number and that the deputy would stop by her home often while on duty. One of Sanchez’s neighbors, Janet Finch, signed an affidavit stating she saw Smiley visit Sanchez’s home at least twice a week, even when Sanchez wasn’t at home, and Sanchez claimed the harassment got so bad she began to fear for her safety.
But Smiley’s lawyer says there was a reasonable explanation for Smiley’s presence at Sanchez’s home and that the deputy never touched the woman. Cohn said the deputy went to Sanchez’s home several times in a one-month period in an attempt to arrest her estranged husband for violation of a restraining order Sanchez filed against him.
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or
em*******@fr***********.com
