Magma CASE NUMBER: DIVISION OF INVESTIGATION SOU 14477 aneSIigaIiDnS and Services Team I CONFIDENTIAL REPORT OF INVESTIGATION CASE INVESTIGATOFI: Shelli Ganner TYPE OF INVESTIGATION: Internal AflaIrs INVESTIGATION FINDING (S): 1) AIIegalicn I Finding: CaliIorgia Governmenl CodGBP?195721fl Dishonesll; SusIained 2) "wanna/Finding: 3) Allegalicn I Findmg CaIiIcrnIa Governmenl Coggjj 9572121 Misuse OI grcgenl Sustained 4) Allegalron FIndIng: CaliIornia Governmenl Code Failure OI good behavior SusIailledri El [he Fde'ng: Secfinn DI me upon our Iduiliunal allegfions and findings] EVENT INCIDENT OCCURRED: Dale: IZIISIM -- 1/27/15 7 7 Varies LOCATION OF EVENT: Several reIer lorreflrl BOARD I BUREAU COMMISSION: DIVisicn OI InveslIgalIon/Healm Qualny Invesliqglion Um! ADDRESS: (sum c-Iy. sum. 2.9) 454 Wesm'H SIreeI, San Bemamino. CA 92123 PHONE NUMBER: SUSPECT INFORMATION ID See Wimess ID: addilinnal Suspecls) NAME m, occupmomms Steven Charles Richter SuperVISing Invesbgalcr (HOIIJ) RESIDENCE ADDRESS (sun. can Cmml'i. 1m) men: Oman mans mum ADDRESS (Sham Cny Chum Eww Hume EI mm emu: won: 464 West Street, SuiIe 429' San BernardIno, CA 92401 DOE ms sex mun as war Dunn 5T flux; 1 mm 2007 ChevroIeI Impala CA CASE STATUS: ECompleled' 74/1/15 7 DiSpoSiIion' Rouled Tc- DCA Legal DCA Exec OIfice CI DOA omer I LEO Agency 0|her._ INVOLVED PERSON LIST Slate a! Cawoma ausmess Causal--m Scwmus mm"; Mm mow." mcmm. nu CASE NUMBER: 0F INVESTIGATION sou 14477 lnvesfigalions and Services Team 2 amnmq Paw SJspecl mm a \u owe a mm NAME (mast mom; LASH OCCUFAUUN Katmfien Nicho'ls Commander nEsmEucE ADDRESS ysvaEEv, cm cuwv 2w) PHONE DYHER PHONE auszESs/Scieow cow'v'zwy '1 PH DYHER VHONE 454 Wes' 4m Street, Sul'e 429' San Bemaldmo, CA 9240' DOB sax Hm EYES HGT Km fit ST omen mew Ens 7 a mum Pany omflr :1 am ms (ms: mama .ASVY ocmmaN Andrew Hegelem Commandev wow) 7 HESVDENCE WY, COUNTV HESDENCE PHONE DTNER PHONE couNW waswma mm N: an N. MarkeK Blvd. Sune 265, Sacramemo, CA 95534 RACE sEx mm EvEs HGT wm Du 5T DYHEH Repomng m, [3 Suspect mm om. om 7 7 NAME my mums OCCUPAYION main 9 NFL RESHIENCE PNONF I QYHER PHONE -- -- NAME a "mess (5m eif--stEss mm mm mm; DUB RACE 5 HAW EYES HGV Wm 7 A ST OYHER a PnHy NAME my mum; Man UN Lance Bems CHP Sevgeant ADDRESS (STREEY, cH'v, COUNTY z\ H, RES DENCE PRIME OTHER PHONE CH COLNTV. SWESS PHONE UYHER PNUNE 13392 Victavia Street, Fontana' CA 92336 own Do: use fi mm EYES ch wm a a mum Pany Susgcd :1 mm 3 Was a Oilxcev 7 cm, 7 NAME (W81 MIDDLE occuPAnoN O'Connell San Eemardino Counly Sheri" Lsemenam Aunfiass mam on counv' 'm ONE 7 mm PHONE quEw PHONE 18000 lnsutmion Roam San Bernavdmo, CA 92407 OTHER Hepovv ng Pany Suspea El chler a wnness mm 0mm 77 7 7 7 NAME (my mama if Pamck Leivas Corporal/Ponce Officer (or Fledlands PoHce Depanment RESIDENCE ADDRESS (smEEi cwv. comu'v 'zw) PHONE om'sfi PHONE NAME cwv' COUNTY my L270 W. Park Ave" Hed'ands, CA n05 RACE SEX EYES HGT wG' Du 5r U'sz ERS TOYHER PHONE CASE NUMEE . OF INVESTIGATION sou 14477 Investigations and Services Team "ii "ii Him ii imemo, CA 95834 FAQ 3 INVOLVED FEFSOMS) LIST I: miuspm mm a WIIwess Oflvcev Omev 7 7 7 7 7 we (my MIDDLE occuwm sneuy Ganner SpecIaI Investigate! 7 RESIDE RESIDENCE PHONE 1 DTHERPHONE I coumv 2m I DTHERFHONE I747 N. Market BIvd #160.Sacramemo,CA 7 -- DEE Mu SEX EVES H61 WGT ELI ST a Pany Sag/ea D7Vflm wunGBP7 El omw Dmev 77 7 7 W5, MIke Bunina Inveshgmor 2w; NAME 5 ADDRESS mvy COUNYVI ZIP) Euswess VHONE on IEF PHONE V747 N. Market Blvd}! 160, Sacramamoy CA LIoa RICE six HAIR Wis HGY Wm DL I 57 OTHER IDENTIFIERS a mam Fany El mm a a 7 DIM: 77 NAME [Fmsn mm; occmv CI MaIk Green 7' San Bernardmo Coumy Shenfl CovporaI fisnENcEIoonEsmmEEv cm;coumzw, RESIDENEE wow OYHERFHONE NAMEEADDHESSISYREEY ch I orIEarIonE 180001nsmution Ready San Bernarqu CA 92407 7 Joe RACE NAIR EYES w- I SI OYHER Pzny Susgw a mg I: 7 7 77 NIME mm . Ken Supervising Invesugamr 7 RESIDENCF mnEss IWEEI c.w,coumv my PHONE mum PHONE NAME "9an coumvy 2w; ausINEss mm OYHER PNONE N. MarkeI am! It 160, Sacramemo, CA 95534 -- aca RICE sEx NAM EVES HGY wet I s: WEE - Farly SuspEm mm a Mm; owner a cum NAMF (my OCCUPAYION Marshall 77 7 Dejecnve for San Bernardlnu County Shenfl's Department my RESIDENCE PHONE DTHER PHONE SADDRESS IsmE Lon couNIv ZIP) g'nIuEssnIuNE I 555 East Third Streety San Bernald'moy CA 92415 DOB RACE SEX HAIR EVES 7 WT WGY DL SY El nemmg My 5 3mm a whim 7 (WW I: my mm occupmou Jones yCommander 7 7 7 ADDRESS ISTREEV CIWycoumv RESIDENCE PHONE mm PHONE NAME 5 ADDRESS CWV COUNTY, BUSINESS PHONE OTHER PHONE I747 N. Market Blvd. #160, Sacramemoy CA 95534 7 7 JOE SEX HAIR FVES HGY WGY DL 7 SY OTHER IDENYIFIERS Cunnmev Serves Housv'q Maw; CASE DIVISION OF INVESTIGATION sou 14477 Inveingaflons and Services Team |e Isa Sacramento, CA95534 PAGE: 4 INVOLVED PERSONS) usr I: chumnq Fafly mm" omeI NAME mm MIDDLE LAST) OCCUPATION Chanes sImm InvesIIganI RESIDENCE my mum zwI RESIDENCE FRDNE 8 ADDRESS CIYV. COUNTV, PHONE PHONE 1747 N, Market BIch. "60' Sacramemo, CA 95834 -- I DOB RACE SEX NAIR EVES HGY Wm I 5v DINEA [Jammy Pany @Eg mm In DMEI 7 i NAME IEIREI. MIDD John Hirai ICummandeI ISVHEEYI cw couer ZIP) RESIDENCE DINER FHONE EUSI .55 5mm NAME (SVREFYI m, comm 2va OINEA ANQNE 12750 Coun BL. Scum, CeniIos. Suite 750, CA 90703 DUE SEA HAIR EVES HGT WEI DE I 5T DIRER chamng Fany 599"- nMcIm a wIMess I: Omcsr CIVEI 7 NAME MIDDLE LASYI Ien Aware Sergeant {or San Eernardino Coumy SheIIfi's Department (SYREEY on COUNTV zIaI RESIDENCE PHONE PHONE EUSINESSISCNOOL NAME ISIREEI EDIANTV. ZIPI PHONE 555 EasI Third Street, San BemaldInoI CA 92415 DOB RACE SEX HAIR EYES Hm WGY Du SI CIINEH IDEWIIFIEHS Rupomng Fany SusQEg mm" 11 WINE-55 DMEI "7 NAME RESIDENCE ADDRESS ow. coum'v RESIDENCE PHONE DINER PHONE NAME 5 couwv ausINEss DINER VHONE DOB sEx NAIR EYES Rm WGT SI OVHEH IDENTIFIERS @pmwg Party a Suspgg 7 Mm In DIREI NAME ch, cDuNw ZIP) RESIDENCE RRDNE DIRER FHONE auswEssIscHuuL NAME A ADDRESS COUNTY ZIP) BUSINESS PHONE DYHER PHONE DOE RACE SEX HAIR EYES IHGI WGT. DL II SY 0mm IDENTIFIERS El RemeInq Pany LI VIEIIM NAME (FIRST MIDDLE LASY) RESIDENCE ADDRESS (STREEY CITV cDuNw szI RESIDENCE PHONE OTHER VHDNE NAME 5 my couwv BUSINESS PHONE DIRER PHONE DOB RACE sEx NAIR EVES HGT DL a ST DIRER Mfinns Eunwrnei Somme; mvwsiimuw newunimrmmumi . CASE NUMBER DIVISION OF INVESTIGATION sou 14477 Investigations and Services Team 5 SYNOPSIS On December t5, 2014. at approximately 2323 hours, Health Quality Investigation Unit (HQIU) Supervising Investigator Steven Richter was driving his State assigned vehicle when he crashed it into an electrical pole in the city of Ftedlands, CA. The air bag deployed. electrical power lines were severed and irreparable damage was done to the State vehicle, He did not call for assistance, but rather left the scene of the accident and drove the car to his house In- -, more than three miles away. An hour and a half after the collision, Police contacted Richter at his home. He first told police that he hit a pole in front of his house white turning into the driveway, but then changed his story after the officer told Richter that he had pieces of his car that were left at the scene, Richter then said he may have been in an accident in Redlands before he got home. The officer obsen/ed him to be under the influence of alcohol, but he was not taken Into custody. Criminal charges of Hit and Run were filed by the San Bernardino County District Attorney's office on January 13, 2015 and are still pending as of the date of this report. In the course of this internal affairs investigation, it was determined that Richter was dishonest with police and with HQIU supervisors in his explanation of how and where the traffic collision occurred as well as his account of where he was prior to the Incident. He said he was at the San Bernardino County Sheriffs shooting range until 2300 hours and was driving home when the incident occurred (a distance of less than 16 miles). Witnesses stated the range closed and staff and shooters were gone by 2130 hours Richter said the cause of the accident was a tire blow out. However, upon close examination and inspection of the tire by CHP, it was determined that the tire did not suffer a blow out and it was not driven in a flat condition, as Richter asserted. Richter abruptly retired from State service All State equipment, property and ammunition were Sale at 2mm arms; semi m1 use uumazn: or INVESTIGATION sou 14477 lnvesti ations and Services Team i7 North Market ran Sacramento, CA 95834 Ma:- 6 obtained from Richter on or before January 15, 2015. Immediately lollowmg his retirement from State service. he resigned his position as a San Bernardino County Sheriff's Department as a reserve deputy. On January 22, 2015, Richter informed the San Bernardino County Sheriff's Department that during the time he was as a reserve deputy and a supervisor with HQIU, he stole ammunition and property from both employers. A criminal investigation was initiated by the Sheriff's Department and they seized several hundred rounds of ammunition, various pistol and rifle magazines. training guns, expandable batons, and several cans of 00' On January 30, 2015, it was determined that Richter had over 5,000 rounds of ammunition at his reSIdence that was the property of the HQIU. in an interview of Richter by the Sheriffs Department, he admitted to using some of the stolen ammunition as credit to purchase firearms at Wirtz gun store. In a prior internal affairs investigation by HOIU (case Ila-2014701), Richter was interviewed as a subject on July 24, 2014 regarding allegations that he traded ammunition he stole from HQIU to purchase personal firearms, During the interview, Richter denied the allegations. Mm; mime. 5mm mm now CASE DIVISION OF sou 14477 a InvestIg ons and Services Team NARRATIVE During the early morning hours of December 16. 2014, Richter reported to Division ol Investigation Commanders Andrew Hegelein and Kathleen NIcholls that he was involved in a solo car traffic collision with his State assigned vehicle. Fledlands Police Department investigated the incident and Inlormed Hegelein that Richter hit a telephone pole at around 2337 hours on December 15, 2014, left the scene of the accident and drove home. Richter said he had been at the San Bernardino County Sheriffs (SBSD) shooting range the entire evening prior to the collision; however, police determined the range closed at 2100 hours. Richter told polIce, Hegelein and Nicholls that a tire blew out on his vehicle and that is what caused the accident. The police officer noted the vehicle had aflat tire, but it did not appear to have been driven in a flat condition. Hegelein and Nicholls notified Deputy Chief Laura Sweet of the incident. Deputy Director Michael Gomez authorized an internal investigation and the case was assigned to me, Speclal Investigator Shelly Ganner, on December 16. 2014. REDLANDS POLICE DEPARTMENT REPORT On December 16. 2014, I obtained a copy oi Redlands Police Department report 19 140055017 (Attachment The report was prepared by Corporal P. Leivas and is summanzed as follows: On Monday December 15. 2014, at approximately 2323 hours, Leras was dispatched to San Timoteo Canyon Road and Nevada Street regarding an unknown injury traffic collision. Dispatch advised that a single vehicle hit an Edison pole. The reporting party said the vehicle was a dark colored four door sedan driven by a male. dusmess We", sums <swarm wufiusintss comment; Henri/ventotConsI/m'rANaII: CASE NUMBER: DIVISION or INVESTIGATION sou 14477 Investigations and Services Team Wm" but when he got home he drank part of a 12 ounce beer. Richter told Leivas that he knew it was a crime to leave the scene of an accident. Prior to Leivas arriving, Richter said he called his supen/Isor who told him to call CHP to report the collision. He tried calling CHP for an hour. but had no luck so he called the Sheriff's Department Leivas recommended the incident he referred to the District Attorney's Office for filing charges 01 hit and run California Vehicle Code 20002 On April 7, 2015, I contacted the Redland's Police Department and learned that criminal charges oi Hit and Run were iiled by the San Bernardino County District Attorney on January 13, 2015. As of the date 01 this report, the charges were still pending. BLOOD ALCOHOL CONTENT In order to estimate how much alcohol Richter may have consumed to exhibit the signs of intoxication he demonstrated to Leivas during his investigation. I queried on line and a chart showing the "Effects of Drinking Alcohol." (Attachment The Intormation indicates that if a person exhibits slurred speech, poor coordination or slower thinking, their blood alcohol level would be approximately 0.10 obtained a printout from the California Depanment 01 Motor Vehicles (DMV) that contains a chart oi Blood Alcohol Content (BCA) (Attachment Given Richter's weight or-lbs (noted in the police report) it would take approximately three drinks for him to reach 3 BOA of 0.10. INTERVIEW 0F CORPORAL PATRICK LEIVAS Due to his holiday vacation schedule and night shift work. I was not able to conduct an oral interview oi Corporal Leivas; therefore on December 29, 2014, I sent follow-up questions to him Stale "Imam 5mm cm", San/us mm Agency We CASE NUMBER: DIVISION oI= INVESTIGATION sou 4477 Investigations and Services Team 1 0 via email (Attachment He responded on December 30, 2014 and provided the following additional informatldn (Attachment Leivas was able to determine that the 8580 range closed at 2100 hours on Monday December 18, 2014 (Leivas later corrected this date to be December 15) by talking to Deputy Ash who checked with SBSD dispatch Ash told Leivas that no one was authorized to be on the range after it closed. Richter told Leivas that he was on the range until approximately 2300 hours doing some extra shooting, he said he regularly does this. He said he was with some other employees. maybe 3 or 4 oi them, Leivas was not sure if they were employees from the SBSD or Department of Consumer Affairs. He never got their names. Richter said he called his supervisor to let him know he would be on the range late. Leivas was not sure why Richter changed his story about how the collision occurred, Richter originally said that he was Lot involved in a traffic collision In Redlands or on San Timoteo Canyon Road. He hit the pole in front of ms house while turning into his drive way and pointed to a pole in front of his house, Leivas told Richter that he had pans to his car that were left at the scene at the traffic collision. Leivas showed Richter the head light and told him that he would appreciate him not lying. Richter said he now remembered that he did drive on San Timoteo Canyon Road and that he might have been involved in a traffic collisIon. He said he could not remember too much because he hit his head when the air bag went off. Richter said he was not sure what caused the collision, but thought he might have had a blowout. Leivas observed the vehicle had a flat driver's side rear tire, but it did not appear the vehicle had a blowout. The tire appeared to be in good condition and did not look like it had been driven on for a distance while being flat. Richter told Leivas that he had been haVIng trouble with that tire and had to replace a flat on that same we last week. saw are" Business Consumlr 5cm. um: um"; MERCY Allans cuss NUMBER DIVISION OF INVESTIGATION SOU 14477 Investigations and Services Team 1747 North Market Blvd. 160 Sacramento, CA 95834 "as; -- It Leivas was not sure what kind of beer Richter said he drank that evening, but noticed at least 3 12 02 glass bottles of Tecate beer in the kitchen trash can. The trash was full and those 3 bottles were on top of the trash, Leivas asked Richter if he lived alone and he said he did. Leivas told him he previously said he did not drink. Richter replied and said he did not say he didn't drink, he said he didn't drink that night. When Richter explained what he was doing during the course of the evening, he originally told Leivas that he was on range 3 for a night shoot. However, when Leivas questioned him about the range closing (including range 3) at 2100 hours, Richter said. even range 5? Leivas said, the whole range. Richter then said he was on range 5 and that he could he on the range after hours because he is range staff and he has keys to the range. Leivas did not remember Richter ever saying he was a reserve deputy. Through his investigation, Leivas knew that Richter worked in some sort 01 law enforcement capacity so he asked him who he worked for and he said the Department oi Consumer Aflairs. Richter did not ask for any specific consideration due to his employment. Rather, he told Leivas he was sorry for putting him 'in this situation and knew that December 30, 2014, I conducted a telephone interview of Leivas. With his permission, the interview was recorded (Propertym The following is a summary 01 the additional information he provided: Leivas clarified a date he previously provided in his written response regarding when the shooting range closed. He meant to say that he verified the range closed on December 15'" at 2100 hours not December Leivas also recalled Richter telling him that he had been at the range with coworkers, however, Leivas did not ask for their names. When Leivas arrived at Richter's house on the evening of December isth, Police Oflicer Ash was already at the location. Ash advised Leivas that Richter said he had an accident in front of his house. Ash did not think Richter was forthcoming. Leivas asked Richter for his ID, however, Satan/Ca loiru Businen Lohstmeisewrces int-WWI"cemeteries, CASE Nuuesn. DIVISION OF INVESTIGATION SOU '4477 Investigations and Services Team 1747 North Market Blvd, Ste 160 Sacramenio. CA 95334 use; .2 after looking in his house and his garage. he was not able to find it. Police identitied Richter through DMV Cal Photo. As Leivas looked around. he noticed the vehicle had been cleaned out and that everything from the car was thrown into Richter's garage including a shotgun, Leivas said it appeared as though Richter was in a panic and tried to hide stuff. Richter told Leivas that he took everything out because he had a car broken into in the past. One of the things Leivas thought was odd during his investigation was that Richter had changed his clothes prior to police arriving. Leivas saw a bloody pair of BDU pants and a bloody shirt. He asked Richter why he would change his clothes rather than call tor medical aid Richter had no response While questioning Richter about what happened that evening. Leivas told Richter that he thought he was lying and that he didn't appreciate him lying to an officer It wasn't until then that Richter said he may have been involved in a traffic collision in Redlands. Richter said he hit his head during the accident and that he was not clear about what happened. INTERVIEW OF On December 18. 2014, at approximately 1544 hours, I contacted private citizen-- ee he. ee-- CA- The resume is _the Edison electrical pole that Richter hit with his State assigned vehicle on December 15. 2014. The interview was recorded (Property The lollowing is a summary of the intormatior- provided: On December 15, 2014- and--were inside their home watching TV and at round 2330 hours they heard a loud noise that sounded like something hit their house. The lights went out and-and _went outside to see what happened. They both saw a car smashed into a pole right in front of their house. _saw that the lights were on inside of the car and that the airbag had not deployed. stat-amateur" shim. WW1, and mm Mm, mum-w cumin. Mm CASE NUMBER: DIVISION OF INVESTIGATION sou "477 Investigations and Services Team 1747 Nonh Market Blvd. Ste tso Sacramento. CA 95534 PAGE: 13 - started to walk toward the car to see it the driver was okay. -saw that Wires from the electrical pole were hanging down and were wrapped around the car's bumper. The male driver then turned the car on and put it In reverse. The car took off as-was waving his arms trying to get the driver to stop-and--called police in hopes of getting their lights turned back on. About 10 minutes later, a police officer came by and talked to -who said that the car took oft and they didn't know it the driver was injured. Police asked questions about the color and type of car, whether the driver was with other people. ate-told police that the driver was aIOne in the cart Police did not see a car in the vicinity, but said they would continue to search for it. -told police that the car was a Chevy-thought the color was silver, however, it was dark outside and hard to see the color. They thought that the car was "messed up," but not so bad that it would break down a few miles away. Following the incident--came home lrom work and called Edison to report the power outage. The lights did not come back on until around 0100 hours. NOTE: Prior to recording her statement-nfarmed me that the driver of the vehicle was a solo male who never got out o! the car after the crash-also told me that when the driver left the scene, he drove east on San Tlmateo Canyon Road and did not return. INTERVIEW OF COMMANDER KATHLEEN NICHOLLS On December 16, 2014, conducted a recorded interview (Property it 2) at Commander Kathleen Nicholls at the HQIU office in Rancho Cucamonga. The tollowtng is a summary of the information Nicholls provided: Stare n'Calitoirra Business Emmy Sconces Housing Alirnry Depirtmertuttansumei Aha": CASE NUMBER: DIVISION OF INVESTIGATION sou 14477 Investigations and Services Team 14 Nicholls is an area commander and her area of supervision Includes the San Beinardino HQIU office. Richter has been working under her supervision in that office as a supervising investigator for approximately seven years. In connection with Richter's duties as a supervising investigator of the San Bernardino HOIU office, he was assigned a State vehicle. She described it as a grey Chevrolet Impala and said that it was a "take home" car to be driven for duties only. The vehicle had been assigned to him for a period of time, but was driven by an investigator for a short time. However, within the last 30 days. the car had been reassigned to Richter. Richter's normal work hours are 0900 hours to 1700 hours. however, on December 15, 20M he was going to assist in conducting a night range shoot for agency investigators. The range was scheduled from 1400 hours to 2100 hours at the SBSD shooting range. Nicholls was not at the range that night and was not aware of when Richter was actually there. His work day should have ended when range was concluded. She knew however that lately the night shoots concluded before 2100 hours. She thought that when Richter was at the range, he contacted Commander Andrew Hegelein, but Nicholls was not aware of the content of their conversation. On December 16. 2014, shortly after midnight, Richter called Nicholls at her home. He told her that he blew a tire turning into his driveway and hit a pole that was on his property. He said that it had just happen and, although he wasn't going very fast, the car was "messed up." He told Nicholls that he was okay. Nicholls asked Richter why he was just getting home and he said that he had been at the range. She asked him why he was at the range at midnight and he explained that when he got to the range to help Hegelein, everyone was finished. But he stayed to practice shooting before going home. Nicholls advised Richter to contact CHP to obtain a police report regarding the accident in his driveway and he said he would, The call ended. Staiearculilwnu MW Cur my sew; and mm mm hepartm tol cam" At'iurs CASE NUMBER: DIVISION or INVESTIGATION sou 14477 Investigations and Services Team l747 North Market .Ste ISO, Sacramento. CA 95834 PAGE: 15 The next contact Nicholls had with Richter was this morning (December 18, 2074) at around 0715 hours. He called Nicholls' cell phone and said that he was in "a world of trouble." She asked him what he meant and he said that he was involved in an accident prior to getting to his house the night before. He explained that he hit a pole and lett the scene of the accident. He lust remembered the impact and that he needed to get home. During the cell phone call, Nicholls asked Richter if he remembered calling her last night and saying that he blew a tire and hit a pole near his driveway. His response was. "As you know, I am in a world of trouble," He said that the officers asked him If he had been drinking, and he said, The officer told him they could smell alcohol on his breath and he responded saying that it was probably because he drank a beer when he got home. Richter told the officer that he left the range at 2300 hours and the officer told him the range closed at 2100 hours. Richter said that he always stays late. The officer tried to call Nicholls, but could not reach her so he called Hegelein to verify that Richter had in fact been at the range. After informing Nicholls of the incident. Richter asked her what to do with the car because it was not drivable. it was in his driveway and was blocking his personal vehicle. She advised mm to have a State tow truck take it to Pride Auto. Nicholls asked Richter if he was injured and whether he wanted her to drive him to Kaiser to get checked out, He didn't think he was Injured and told her, "Let me get myself put together and I'll call you back." The call ended. At around 0750 hours on December 16, 2014, Nicholle called Richter's home phone after he didn't answer cell phone, She left hIm a message to call her. Within a minute he called her back, He said that he didn't think he needed medical attention, but if he did, he would be okay to drive himself. He asked about the night range because he was scheduled to work that night. Nicholls informed Richterthat she had spoken to Hegelern inflmuimgkgency Mm CASE NUMBER: DIVISION OF INVESTIGATION sou 1447-, Investigations and Services Team I 6 and that it was covered. She told him to stay at home today until she gave him further instruction. He said, "No problem, as you know, I'm in a world of trouble." He repeated several times that he was in. "a world of trouble." She again asked him If he was okay and he said. "Yes." The next contact Nicholis had with Richter was a text message around 1150 hours {December16,2014). He Informed her that he was at Kaiser. Nicholls text back and inquired about the State car. Richter text back stating that it was towed to Pride Auto, which is in San Bernardino. Nichols provided me with two emails she sent to HOIU Deputy Chief Laura Sweet on December 16, 2014 (Attachment #6 and that document the contact she had with Richter. She said she contacted Hegelein to confirm that he instructed Richter to go to the range. Hegelein told her that Richter called him when he arrived at the range. Hegeleln previously spoke to one of the range masters and found out that all of the shooters had left. Hegelein told Nichols that he received a call from one of the police officers at around 0200 hours regarding Richter's accident, tasked Nicholls whether Richter was supposed to be a range master or a shooter while at the range the night betore. She saId it would have been as a range master. She was not aware of any other HOIU official duties he had followmg the range. However, Nichotls said that Richter is a volunteer with the SBSD and sometimes, after hours. he assets them at the range. She clarified that me partIcipatton with the Sheriff's is a different employer. And in terms of his responsibility with the State assigned vehicle, Richter is supposed to drive it home at the end of his HQIU shift. Richter was not authorized to go anywhere with his State vehicle other than conducting business for HQIU. INTERVIEW 0F DOI COMMANDER ANDREW HEGELEIN Supervising Investigator Ken Smith conducted a recorded interview of Hegelein at his oflice In Sacramento. Smith prepared a report of his contact with Hegelein as delineated below. Suite 91mm aims "Ming may dammit>> Attarrs CASE NUMBER: DIVISION OF INVESTIGATION 50014477 Investigations and Services Team rket Ste. 160 Sacramento. CASSBM use: 17 On December 18, 2014, Commander Bill Jones and interviewed Commander Andrew Hegelein in the IST office located at 1747 N. Market Blvd, #160, Sacramento, CA 95834. Prior to the interview, Hegelein provided me With a copy of the email he wrote detalling hIs contacts on December 15'" and 2014, with Steve Richter and a corporal with the Redland Police Department (Attachment The interview was recorded, copied to compact disk and is marked as Property #3.The following is a summary of the intervtew: Hegelein conlirmed the information he wrote in the email was accurate. Hegelein further confirmed that he had spoken with on December 15. 2014 between 1836 hours and 1849 hours via telephone. Hegelein had requested that Richter assist with the range on December 15, 2014. Hegelein learned that the night range had concluded early for the day and Richter, being a Rangemaster for DOI, could go home. Richter told Hegelein that he was going to hang out and talk with his colleagues from the sheriff's office, Hegelein said he also knew that Richter was a Reserve Deputy and Rangemaster with the San County Sherriff's Department. Hegelein confirmed that on December 16, 2014 at about 0209 hours, he received a call on his cell phone from a 909 area code phone number but did not answer the phone. At 0216 hours. he recered another call from a blocked phone number. he answered and it was Richter. Richter told Hegelein that he had a blow out and had been in an accident and an oflicer wanted to speak with Hegelein to confirm that Richter had been at the range earlier in the night. About one minute later. Hegelein received a call from the same 909 area code phone number and spoke with a person who identified himseli as a corporal with the Redlands Police Department. The corporal said Richter had been in an accident, that he hit a telephone pole and fled the scene. Witnesses who saw the accident called it in and pieces of the vehicle where left behind at the scene. The corporal also reported that the CHP had received a call from someone who reported that they had been in an accident, which resulted In Redlands Police responding to Richter's residence. The corporal told mummy" cmwsemm my-mwm CASE NUMBER: DIVISION OF INVESTIGATION sou 14477 Investigations and Servlces Team ramento. CA 95534 PAGE: Hegeleln that the accident occurred at 1137 hours [1 :37 that the vehicle was in the driveway and appeared to be totaled, The corporal told Hegelein that Richter reported that he had been at the range. Redlands Police contacted the range and learned that the range had closed at 2100 hours and everyone had gone home. The corporal said he also tried calling Richter's supervisor. Kathleen Nicholls, but was unable to reach her. Hegelein told the corporal that Richter was a Rangemaster with DOI and that he had spoken with earlier. before 1900 hours. and he said he was at the range and he was going to stay at the range and talk with some colleagues. The corporal further stated that when he arrived at Richter's residence, Richter had the order of alcohol on his breath and he refused to take a Field Sobriety Test, The corporal told Hegeleln that Richter reported that he had half of a beer when he got home, Richter had trouble locating his identification and while looking for it, the corporal found several empty beer bottles In the trash. Hegelein said the corporal told him he was not going to arrest Richter, but he would submit the case to the DA's office as hit and run and Hegelein ended the call with the corporal. Alew minutes later Hegeleln spoke Richter again. Hegeleln said Richter reported again that he had a blowout in his rear tire. he went oft the road, and he did not remember anything other than the airbag going off. Hegeleln asked Richter if he was okay and he reported he had a headache. Hegelein asked Richter it he needed medical attention and he said no. In speaklng with Richter, Hegelein could not tell If he had been drmking. suit 1.14 Ealrlarm- sums; some: mm mm, 3mm" Emmi Am CASE NUMBER: DIVISION OF INVESTIGATION SOU (4477 Investigations and Services Team 19 SITE ASSESSMENT AND VEHICLE INSPECTION On December 16, 2014, I went to Pride Automotive Flepair at 25050 E. Street in San Bernardino where Richter called to have his State assigned vehicle towed. I located the vehicle and photographed the interior and exterior. Refer to photos in Attachment #9 (Property noted that the driver's side rear tire was flat and photographed it. The tire appeared to be in otherwise good condition and there were no obvious or exterior signs of puncture or trauma. However. I noted that the valve stem cap was missing. During my inspection, there were no cans, bottles, cups or containers of liquid noted in the vehicle. The trunk was empty of any contents. I located the vehicle mileage log book in the car's interior and took possessron of it (Property The print on the log book smeared somewhat because it was raining at the time of my inspection. I photographed the book prior to rain smearing the handwriting (Attachment The log book page for December did not reflect the name of the driver and did not contain mileage or locations traveled past the 10m day of the month which shows the last mileage entered was 101,577. I obtained the vehicle keys from the staff at Pride Auto and turned the Ignition far enough to read the final mileage which read 101,756. On December 16. 2014, at approximately 1400 hours. I went to the site of the collision at San Timoteo Canyon Road and Nevada Street In Redlands. photographed the electrical pole. the tire marks created in the soft roadway shoulder and the direction of travel of Richter's vehicle (Attachment #11 and Property The tire marks in the soft din indicate the vehicle ran ofl of the pavement and, in an effon to correct the direction, made a sharp turn to the left before hitting the Edison pole. The photos also show pieces of the vehicle that were left next to the pole. Photos of the direction of travel on San Timoteo Caynon Road Show there is a bend in the roadway of approximately 90 degrees immediately west of the electrical pole. 5mg otCalIiorni: mines 5mm 5W5 anoHousIr'q "my murmur Bangor/yer Mm CASE NUMBER: DIVISION or INVESTIGATION sou (4477 Investigailons and Services Team 20 In an effort to determine how far Richter drove his State vehicle following the collision, on December 18. 2014, HQIU Investigator Mike Buttitta and clocked mileage on Buttitta's odometer from the site to Richter's home. 1 determined that if Richter had driven the most direct route home, the distance was 3.3 miles According to Map Quest, the most direct route to Richter's home is 3 34 miles. He would have had to turn around and go north on San Timoteo Canyon Road (not east as witness-saw him travel). Refer to Attachment #12 for a map and driving directions obtained from Map Guest. If Richter drove a different way home. the distance to his home would have been greater than 3.34 miles While in front of Richter's home on December 18. 2014, I photographed a telephone pole that was located several feet north of his driveway. (Attachment #13) The photo shows that if Richter had crashed his vehicle into that pole as he originally told police and his supervisor, then he clearly would have missed his driveway by several feet. (Note: The police report shows the driving conditions that night were clear and dry). In order to determine the most direct route from the SBSD Academy range located at 18000 Institution Road, San Bernardino, queried Map Quest and determined the most direct route to Richter's house was approximately a 21 minute drive and was 15.51 miles away (Attachment The route shows that Richter's home is closer to the route than where he was driving on San Timoteo Canyon Road. To demonstrate this. I created a map using sections of 3 Thomas Guide for San Bernardino and Riverside Counties (Attachment #15).The map shows the route provided by Map Guest and demonstrates how far off of the route Richter was at the time of the collision. INTERVIEW OF LIEUTENANT TIM On December 19, 2014, I spoke to SBSD academy director Lieutenant Tim O'Connell by phone. The interview was not recorded due to the fact O'Connell returned my call at the time I was driving. He provided the following information: someway" mam autism game mm mm, Nimrs CASE NUMBER OF INVESTIGATION $00 .4477 Investigations and Services Team "4i North Market Ste 150. Sacramento. CA 95834 PAGE: 21 At my request. O'Connell checked academy records and inquired with academy staff regarding Richter's participation as a reserve deputy and assistant range masteron December 15. 2014. O'Connell said that Richter was not on any roster as having participated in range shooting. Academy Corporal Mark Green saw Richter at the range that evening and told him that his assistance at the range was not needed. Richter did not work With anyone at the academy that evening and the roster for the Division of Investigation (DOI) does not contain Richter's name as having participated in range qualification. was scheduled for range until 2200 hours. but by 1800 everyone had left the range. In addition. O'Connell said that the range and academy closed up shop between 210072130 hours. On December 29. 2014. I spoke to O'Connell by phone and asked him if any of his academy staff may have gone out with Richter on December 15. 2014 after the academy and range closed. He said that when the range and academy closed between 2100-2130 hours. no one associated with Richter after hours. He added that Richter's personality is such that he does not socialize with the academy stafi. INTERVIEW OF CORPORAL MARK GREEN On Januan/ 8. 2015. I inten/iewed SBSD Academy Corporal Mark Green regarding his contact with Richter on December 15. 2014. With Green's permission. the interview was condumed by telephone and recorded. (Property Information he provided is summarized as follows: On December 15. 2014. Green was at the Sheriff's academy and was conducting range qualification/in service training for his department. He was on range #3 and #4 (depending on the lighting needed tor a night shoot). No one else was utilizing those ranges. Sometime between 1830 4930 hours. Richter approached him while he was "calling the line" from a loud speaker on one of the trucks, Green recalled Richter was dressed in red and had afirearms instructor's vest on as though he were going to help with the instruction Richter stood watching the shooters for a few seconds. During a lull in the shooting. Richter asked Green it he needed help with instructing and Green said no he had all the help he needed for the night. Richter told slum omit awe; 0:"va 5mm mammogram, Mm CASE 0F INVESTIGATION sou 14477 Investigations and Services Team Memo, CA 95834 nos: 22 Green that he was at the range doing something else and just wanted to check with him. About to seconds later, Richter left and Green never saw him again that evening. Green said that he concluded the qualification at around 1930-2030 hours. He recalled turning the lights off when he left and no one could have turned them back on. Green did not think anyone was on range 5 which is located the furthest away. He did not see any vehicles near that range nor did he hear anyone shooting from there. The lights for that range are located in the middle of range 4 and when he left, the lights were out. Green said that the ranges are not fenced off and technically someone could be there after everything was closed. In terms of access to the range, Richter has a key that allows him into the academy building, however, since he does not have an alarm code, he could only be there when other academy staff are present. Reserve officers should not have keys for their ammo supply. I asked Green if any other staff member saw Richter that night and he said that he was working with 4 or 5 other academy staff/range assistants and they were on the line with the shooters in front of Green So he was not aware it any of them saw Richter. REVIEW OF THE AND OFTHE VEHICLE BY THE CHP On December 18. 20M, i went to Pride Auto and met with CHP Sergeant Lance Berns. Eerns works in a specialized unit known as the Multidisciplinary Accident Investigation Team He and his officers. examined the State vehicle Richter crashed, photographed it (Attachment #16 and Property and downloaded pertinent information they obtained from the car's Crash Data Retrieval (CDR) device (known as a black box). He provided me with a copy 01 the information by placing it on my thumb dnve which I transferred onto a disk (Property I printed the data report to review it (Attachment at 7). The information reveals that Richter was wearing his seat belt and no one was in the passenger seat. He was traveling at an appropriate speed prior to the collision with only minor to moderate braking entering the curve. More specifically, 2.5 am! nl Calilnii i, slams Consumer 5mm and mm Agni Cy h-panmiri cl case NUMBER DIVISION OF INVESTIGATION SOU 14477 Investigations and Services Team i747 Nomi Market le, Sacramento. CA 95534 pace: 23 seconds prior to impact his speed was 34 miles per hour. He began braking and the car slowed down to 27 miles per hour at time of impact. Berns reviewed the photos of the site oi the collision that I look on December 16. 2014 as well as the police report taken by Leivas. In an email to me dated January 5, 2015 (Attachment Berns provided his opinion and stated, in pan, "His claim that he lost control of the vehicle due to a catastrophic tire tailure could not be supported by roadway evidence (tire friction marks), which would have been deposited, and the condition of the tire." Berns also stated. "Had he driven home on the tire he claimed blew out on him, there would have been significant indicators oi such. The tire was not driven in run-flat condition. I asked Berns to inspect the rear driver's side tire that was flat. His staft removed the flat tire and transported it to their station for further examination. Following his review and examination, Berns prepared a report at his observations (Attachment The tire did not lose air during his inspection and he concluded Richter's claim that he suffered a catastrophic tire Iailure was "unfounded," Following his examination of the tire, I took possession oi it and booked it into the evidence room at the DOI Ontario field oflice on January 14, 2015. Berns' report is as follows: Notification On December 18, 2014, a request was received Irom Supewising Investigator Ken Smith of the Calitornia Department of Consumer Affairs regarding a December 15, 2014 collision that occurred within the city of Ftedlands. Supervising Investigator Smith requested MAIT provide insight and consultation regarding the circumstances surrounding the collision to assist them with their internal investigation of the incident. filmy At Supervising Investigator Smith's request, Investigator Berns contacted Special Investigator Shelly Gartrier and made arrangements to discuss the incident and inspect the involved State vehicle. During a case discussion With Special Investigator Gartner, she indicated that Supen/ising Investigator Steven Richter was operating his assigned State vehicle. a 2007 Chevy Impala (5WKF1BO), east on San Timeteo Canyon Fload Stamn' cumm Seamus umgmm Dc" mm nICuismvv Allmig CASE NUMBER: DIVISION oI= INVESTIGATION sou 14477 Investigations and Services Team "ii Him Ste 160 Sacramento, CA 95534 PAGE: 24 approaching Nevada Street. Investigator Richter made an unsafe turning movement while negotiating a cure in the roadway at the intersection and allowed the State vehicle to drift off the roadway and strike an Edison power pole. Investigator Richter departed the scene immediately following the collision and drove to his residence in Loma Linda, where he was later contacted by Officer P. Leivas from the Fledlands Police Department, Oflicer Leivas conducted an investigation and determined that Investigator Richter caused the collision by being in violation of Section 22107 V0 (Unsafe Turning Movement). Officer Leivas also documented on the "Traffic Collision Coding" page of the collision report that Investigator Richter was under the influence of alcohol at the time at the collision. Since Investigator Richter did not stay at the scene of the collision. In which there was property damage to the Edison power pole, Officer Leivas also recommended that the completed collision report be fonivarded to the San Bernardino County District Attorney's office for review and filing of charges stemming from a violation of Section 20002fa) VC (Hit and Run -- Property Damage). The Redlands Police Department handled the criminal investigation to conclusion. CASE SUMMARY Summary During the course 01 the internal investigation being conducted by the Department of Consumer Affairs, Investigator Richter claimed that he experienced a catastrophic tire failure to his left rear tire, which caused him to lose control of his vehicle and impact the power pole. Investigator Richter also claimed that he drove the Chevy Impala to his residence after the collision. Actions Taken On December 18, 2014, at 1330 hours, MAIT Investigators Berns, ID 15244, Wester, ID 12500. and Finn, ID 13602, met Depanment of Consumer Affairs Investigators Gartner and Buttitta at Pride Automotive Repair (25050 East 3" Street, San Bernardino, CA) lo inspect the Chevy Impala. The Chevy Impala sustained major front end intrusmn consistent with the impact with Edison power pole. The impact was severe enough to saa L'Mlarwp MM Enhsum 5m. mm mm Agency Mm case NUMBER: DIVISION OF INVESTIGATION SOU 14477 lnvestlgations and Services Team t747 Nomi Market Blvd, Ste 160, Sacraments. CA 95534 PAGE: 25 case the frontal driver airbag to deploy. investigator Finn conducted a download of the Chevy Impala utilizing the Bosch Crash Data Retrieval (CDR) System. software version 14.2. The evidentiary copy of the download was provided to Investigator Gartner, During the inspection of the tires and wheels mounted on the Chevy Impala, it was determined all tires were sufficiently inflated with a valve stem cap properly installed, with the exception of the left rear tire. The left rear tire was deflated and the valve stem cap was missing. None of the tires exhibited signs of improper maintenance or care and had adequate remaining tread for sale motor vehicle operation. The left rear tire was removed from the Chew Impala and inspected. There were no signs of intrusion or sidewall damage that would be consistent with a catastrophic tire failure or having been driven in a run-fiat condition. The removed tire was inflated to 30 pounds per square inch of air pressure by a Pride Automotive Repair representative and transported to the Inland Division office for evaluation On December 22, 2014, the air pressure of the tire was re--evaiuated. There was no loss of air pressure within the tire. Conclusions Based on the scope of the request, involvement was limited to consultation only. No reconstruction or formal analysis of the data was performed by not prepare a supplemental report or assist in the findings of the criminal and/or internal investigations. No further investigative follow--up or reports will follow unless specifically requested and approved through channels. VEHICAL MAINTAINANCE RECORDS Nicholls provided me with the vehicle maintenance records dating back to January of 2014. 1 reviewed the records in order to determine if Richter's statements to Nicholls and Hegelein were true, that he had problems with a tire prior to the collision. A purchase order dated June 18, 2014 (Attachment #20) shows Richter's vehlcle received all new tires and valve stems. The only other work related tire information was on invoice #62639 Surenl Cantor/via mines, autism-i Senate and Housingnqency Minus CASE NUMBER: DIVISION OF INVESTIGATION sou .4477 Investigations and Services Team hMavkel Ste 160 Sacramen|o.CA 95834 PAGE: 26 dated November 20, 2014 (Attachment #21) from Pride Automotive Repair that shows they checked the left front tire as it "was flat." They sent it to a tire shop and they found "no leaks at thIs time," The description ct labor shows that the tires were rotated TRAINING RECORDS i asked Hegelein in HQIU training whether Richter' name appeared on a training roster as having completed range qualification on December 15. 2014. Hegelein said in an email (Attachment #22) that Richter did not participate in training that evening and that all of the staff finished shooting and had left prior to Richter even showing up at the range. Hegelein also provided me with emails and a report (Attachment #23) showing that the Medical Board of California (MBC) (now put Richter through a one-on-one remedial driver's training course on December 2. 2013 following hIs involvement in two prior collisions with a State vehicle. July 26, 2013 and October 16. 2013. In his final evaluation, the course instructor stated. In part. "Mr. Richterdidn't demonstrate any improvement throughout our driving sessions." MBC ENFORCEMENT OPERATIONS MANUAL MBC Enforcement Operations Manual (revision #33) section 4.1 (Attachment #24) defines circumstances constituting misuse of a Staterowned vehicle. in part, as "When driven or used othewvise than in the conduct of State business." The polIcy also states that. "Employees found to be in violation shall be liable to the State for the actual costs attributed to their misuse of a Staterowned vehicle," The actual costs to the State include "Property damage. any and all property damage to the State>>owned vehicle." Reimbursement made to the State by the employee who has misused a Staterowned vehicle shall not be considered a penalty for such misuse. The MBC may take adverse action against any employee who has misused a State- owned vehicle including dismissal. demotion. suspension. or other lormal discipllnary action. Richter signed a memorandum on July 11, 2011 stating he read and understood the poliCIes contained In the enforcement manual. (Attachment #25) Summiimwslim";L CASE NUMEER DIVISION or INVESTIGATION sou 14477 Investigations and Services Team Ste ISO Sacramento, CA 95834 use 27 Following the collision of the state-owned vehicle by Richter on December 15. 2014, Nicholls informed me that the car was beyond repair. In order to determine the value of the vehicie and costs to the state, I queried Edmonds on line and entered the description of the vehicle, mileage and condition. Edmonds estimated the value prior to the was $4,049 it sold to a private party, $3,242 if traded in, and $4,997 It sold by a dealer. SUBJECT INTERVIEW OF STEVEN RICHTER On January 14, 2015. Supervising Investigator Ken Smith and I conducted a recorded interView of Richter in the conlerence room at the DOI field office located at 21 51 Convention Center Way #151, Ontario, CA 91764 (Property Richter was represented by Attorney Naomi Hill from the law office of Grover Porter. read Richter a Lybarger admonishment and he stated he understood it. He also signed the last page of the admonishrnent after it was read to him (Attachment -- The imemew was conciuded- RETIREMENT Richter retired from State service. Within a few days of his retirement, I received a call from SBSD internal Affairs Sergeant Ziggler who said that Richter resigned his position as a reserve deputy semi Devanmzm Di Cairn/mum"; as: DIVISION or: sou 14477 Investigations and Services Team 28 EQUIFEMENT On December 17, 2014, in conjunction with Richter being placed on administrative leave, HQIU Commander John Hirai went to Richter's house at--CA. He took possession of Richter's State issued equipment including' in pan. a Glook 23' a Glock 27 and a shotgun, (Attachment #27) Richter also surrendered ammunition (Attachment ti 28) as follows: 3 Cartons (10 boxes each) of 40 caliber rounds (500 total rounds) 18 Boxes 01 Winchester slugs 13 Boxes ol Winchester buckshot Loads Duck 10 Boxes ofWinohester buckshot Loads 00 buck (still in the plastic) 9 Boxes of Winchester 00 buckshot 2 sealed boxes of Winchester rifle slugs (50 per box) 1 box containing 3 boxes of Winchester 00 (25 shells each) 19 boxes Winchester slugs (5 shells each) 6 boxes 00 buck buokshot loads (5 shells each) 1 box labeled 'Wagner" containing 4 boxes Winchester 00 4 boxes Winchester AA heavy target load 2 boxes Winchester 00 buckshot On January 15, 2015' following Richter's retirementiorm State service, Hirai went to Richter's house to pick up the remainder 01 State equipment in his possession (Attachment Richter said that he found additional items that he should have previously surrendered as lollows: 1 sealed box containing 10 boxes of Winchester 40 caliber (500 rounds] 1 box containing 16 boxes of Remington Express buckshot 13 boxes of Super buckshot loads 00 buck 1 large black case containing, in part 15 boxes of Winchester 40 caliber (50 rounds each) SmemcafllolmiBtsmuss cAsE NUMBER: DIVISION OF INVESTIGATION SOU 14477 lnvestiga'ions and Servlces Team lvd. Ste 160 Sacramento. CA95634 29 20 boxes of Remington Golden Saber high perlormance jackets 5 boxes of Winchester Duckshot loads 2 plastic bags 01 orange tipped dummy rounds 1 large black case containing 2 boxes With 20 boxes of Remington Golden Saber high performance jackets 1 box Winchester AA 1 box Winchester AA Heavy Target Load 6 boxes Winchester Super Buckshot 00 buck 3 boxes Remington 00 buckshot 2 boxes Winchester rifled slugs 1 box Winchester ranger low recoil buckshot 2 boxes of Winchester rifled slugs hollow point deer 2 black mini Glock boxes 1 large cardboard box containing 1 bottle of break free solution Miscellaneous loose rounds 4 boxes of Winchester 40 caliber (50 rounds each) 3 boxes of Winchester AA 5 boxes of Remington Express Law Enlorcement Tac 5 buckshot 2 boxes 01 Winchester buckshot loads 00 buck Also on January 15, 2015, Hirai went to the HOIU San Bernardino iield oflice and took possession ol Richter's duty equipment such as ID cards, badge, handcuffs, body armor, cell phone, gas card, webcams, duty bags, etc. (Attachment rt 30) EMBEZZLEMENT On January 22, 2015, at approximately 1700 hours, Richter called SBSD to report that he had been stealing ammunition and equipment from them and over the past 20-30 years. Deputies responded to his home at which time Richter said that he was ashamed of himself lor his past actions and that he should be arrested. He was distraught and convinced his actions mm 5mm, mm New Agency BASE NUMBER: oivtstoN oF INVESTIGATION sou 14477 Investigations and Services Team "ii Hiin Market Blvd. Ste 150 Sacramento, CA 95am use 30 would bring great disgrace and embarrassment upon himself, his family, and his employers. Responding deputies Loera and Alfaro as well as detective Marshall prepared a report (case 151500137) of their investigation and findings as follows: (Attachment 31) Deputies responded to Richter's home and noted that the house was disorganized throughout. Richter gave deputies written and verbal permission to search his home and to collect all of the ammunition and propeny. He led them to areas inside of his garage and house where they found numerous containers and boxes of ammunhion totaling in the thousands of rounds. Richter opened a gun safe located in one of the bedrooms and said that the ammo inside was taken from the 8880 and his State employer. The brands and calibers varied. Collapsible batons, magazines, training guns, ear protectors, and other property consistent with being distributed by the 8880 range was also found, photographed. and transported to the Central Station. At the conclusion of the investigation, Detective Marshall submitted the case to the District Attorney for review and filing of criminal charges On April 7. 2015, I contacted the SBSD and learned that criminal charges had not yet been filed by the District Attorney's Office. INVESTIGATION AND MEMORANDUM BY DOI INVESTIGATOR CHARLES SMITH Investigator Charles Smith of DOl's Investigations and Servrces Team conducted an investigation of Richter's involvement in stealing ammunition from the Smith prepared a memorandum dated February 20, 2015 (Attachment It 32) that is summarized as follows: On January 23. 2015, [>01 was notified by 3330 that Richter-- had self~reported that he had stolen ammunition from the Medical Board of California and SBSD. The SBSD reported that Richter had approximately 12,000 rounds of ammunition stimulant: mm; 5mm mm mm Agency mam-m oi Mai; CASE NUMBER: DIVISION OF INVESTIGATION sou '4477 Investigations and Services Team "95534 PAGE: 3! in his possession along with other law enforcement equipment. SBSD requested assistance with identifying Division of Investigation property. On January 26, 2015, Commander Bill Jones and Investigator Charles Smith inteNiewed Commander Andrew Hegelein in the Investigations and Services Team interview room, regarding former employee Steven Richter. Hegelein Is the Commander of the training unit within the Division of Investigation and was the Commander of the Medical Board's Office of Standards and Training unit prior to the consolidation. Commander Hegelein has been with the Office of Standards and Training since approximately 2005. This interview was recorded and transferred onto a compact dIsk. The disk was labeled and identilred as (PROPERTY The following is a summary of that recorded interview: Commander Hegelein explained the Medical Board of California's procedure for the purchasing of ammunition. Hegelein said the Supervising Investigator l. with the Office oi Standards and Training was responsible for the ordering of ammunition. The Supervising Investigator I would complete an order request and forward it to the Business Services Office (B80) for purchase. Hegelein said that this was the only approved method of purchase and Richter would not have been able to purchase ammunrtion. Hegelein said he remembered one occasion where students in the academy had to purchase ammunition and then request reIrnbursement as a business expense but Richter was not involved with those purchases. Hegelein said the ammunition purchase would be approximately 30,000 rounds every two years for the San Dimas and San Bernardino offices. The orders were based on planned training and academy sessions and regular scheduled training. Commander Hegelein explained the Medical Board of California's procedure for the distribution of ammunition. Hegelein said that when the order Is placed, the Supervising Investigator with the Office of Standards and Training would include in the purchase order the amount of ammunition to be ordered, and how much was to be delivered to specific locations. Hegelein explained that ammunition was delivered to the San Dimas, enamel some "Mam Anency Devin: mi CnnsumgI/thans CASE NUMBER: OF INVESTIGATION sou 14477 Investigations and Services Team 32 San Bernardino, and Sacramento offices. Hegelein said ammunitIon was formerly stored at the Glendale office but that has changed In the last few years. Commander Hegelein was asked about the storage of ammunition at these locations. Hegelein explained that ammunition was stored in the evidence rooms at the San Dimas and San Bernardino offices in Southern California. Hegelein said that the Medical Board did not have a policy regarding the storage of ammunition but that was the known approved standard. Hegelein said since 2005 when he was hired in the Office of Professional Standards, nobody had been authorized to store department ammunition at their home or any other location outside of the district office, but he would not be surprised if another commander gave permission, Commander HegeieIn said that to his knowledge Richter had been a Firearms instructor with the Medical Board since approximately 2002 Hegelein said that it is possible that over the past 13 or so years, Richter could have taken 12,000 rounds of ammunition without anyone noticing. Hegelein was not aware of any unusual or excess ordering of ammunition from Richter, Hegelein said the ammunition stored at the San Bernardino office was enough for training four field oflices. Hegeleln also said Richter was tasked with providing ammunition to academy students as well as providing additional training to academy students as needed. Hegelein said he did not know if Richter had ever asked for, borrowed. or took any ammunition from the San Dimas field office. Hegelein said he remembered loading ammunition in his state vehicle and delivering an unknown amount of ammunition to Richter sometime between 2007 and 2010 but could not recall the exact time trame. Hegelein said as long as he has been with the Medical Board, they have always used the WInchester ammunition that was on state contract. Commander Hegelein also indicated that Richter was responsible for covering the Rancho Cucamonga, Tustin. San Bernardino and San Diego offices. He would also issue ammunition to cadets as needed. Richter would also provide orientation instruction and qualification for new employees. Hegelein also said Richter worked with fellow instructors Stare cl cum; am." Cnnsurier 5mm mm mm Department at comm We CASE NUMBER: DIVISION OF INVESTIGATION sou 14477 Investigations and Services Team 33 Glenda Finley and Charlene Mackenzie. Investigator Smith requested Commander Hegelein to provide a copy of past purchase orders back to 2002 or as far back as they were retained. Also requested was a list 01 equipment issued by the Medical Board to employees and any communication or requests for purchase of ammunition lrom Richter including what Richter last reported to be onrhand in the San Bernardino Office. Hegelein said Richter did not have access to any additional equipment other than what was issued to him. Hegelein said all equipment is stored and issued out of the Sacramento Headquarters. After the recording was turned off, Commander Hegelein also divulged that Richter was the subject of a previous investigation. This investigation alleged that Richter was selling/trading Department ammunition to purchase personal firearms. Hegelein said this investigation was not sustained as the owner of the business where Richter was alleged to have traded the ammunition for firearms was a close friend at Richter's. Hegelein also indicated that when Richter's brother passed away, his brother was in possession ofa large amount of ammunition but that it could not be confirmed if that ammunition was the property of the Medical Board. Commander Hegelern was not aware that Richter had turned over a quantity of ammunition to Commander Hirai when he left state service. END OF INTERVIEW DOCUMENT REVIEW On January 26, 2015. I received the purchase requests and emails from Commander Hegelein regarding the Medical Board ammunition purchases and the inventory count provided to Hegelein from Richter. (ATTACHMENT - Purchase requests and distribution list for 2008 - Purchase requests and list for 2010 - Purchase requests and distribution list for 2011 . Purchase requests and distribution list for 2012 SrauolCaiIWm amass Consumersemcri indltousmqwenw use DIVISION OF INVESTIGATION sou 14477 Investigations and Services Team 1747 North Market Ste 60 Sacramento. CA 95834 PAGE: 34 - Shipping receipts for the San Bernardino field office . Shipping receipts for the San Bernardino field office 2013 - Shipping receipts for the San Bernardino field oflice 2014. 0 Copies of emails involving Richter. which include the amount of ammunition on hand at the San Bernardino Office 0 Equipment list for items assigned to CONTACT WITH SBSD On January 30. 2015, Commander Bill Jones and I made contact with Deputy K. Marshall of the San Bernardino Sheriff's Department at the SBSD office located at 655 St. San Bernardino; Ca. Deputy Marshall requested we identify any property that belonged to the State of California for his ongoing criminal investigation. After viewing the property located in a SBSD evidence room, we identified two 500 round cases of 9mm ammunition fl'rat belonged to the Medical Board. This was easily identified by the sticker on the outside of the cases showing the items shipped to the Medical Board, Tustin Office. Also identitied were five. Glock 23. high capacity magazines. There were two black cases With approximately 2000 rounds of loose ammunition in each case, This ammunition is consistent with the type used by the MEG and DOI. There were also approximately 300 rounds of loose "Ranger" shotgun ammunition that is consistent with the type used by the M80 and 001. We took custody of these items from Deputy Marshall and booked them into the DOI San Bernardino District Office evidence room With the assistance of Commander Kathleen Nicholls. I took photographs of the items recovered from the San Bernardino Sheriffs Department and of two boxes of items that Richter returned to Commander Hirai after separating from employment, These images can be seen in (ATTACHMENT The images were transferred onto a Compact Disk and were identified as (PROPERTY Deputy Marshall informed me that they had also taken possession of numerous firearms from Richter. He asked if any of those firearms were property of the Department of Sure .14 Column; utsrness Iknsumm sum-5 Mm, Dlwlirrienl Ahairs CASE NUMBER: DIVISION or: INVESTIGATION sou 14477 Investig 'ons and Services Team "ii ivi Ste. 160 Sacramento, CA 95834 use: 35 Consumer Affairs. I requested he email me a copy of the property receipt so I could check the serials numbers when I returned to the office On February 04, 2015, I received a copy of the properly receipt (ATTACHMENT I compared the serials numbers listed on the property receipt against the serial numbers assigned to DOI. None of the serial numbers from the property receipt matched any known firearms owned by DOI, A. Documentation received from Commander Hegelein E. Photographs of Items recovered and returned by Richter Ct Property Receipt PROPERTV 1. Compact Disk containing recorded interview of Commander Hegelein 2. Compact Dick containing photographs of recovered/return Items SUBJECT INTERVEW 0F RICHTER ON JULY 24 2014 Richter was the subject of a prior MBC Internal Affairs Investigation (IA72014-01) regarding allegations that he used ammunition he obtalned from the M80 in trade for the purchase of a personal firearm at Wirz gun shop. in conjunction with the investigation, I interviewed Richter as a subject on July 24, 2014 (Property In the course of that interview, I asked Richter If he ever gave or traded ammo that he obtained from the M80 or the SBSD for the acquisition of firearms and he said, Due to the lack of evidence gathered during the investigation. the allegations were not sustained. On January 27, 2015, Richter was interviewed by SBSD Detective Marshall in conjunction with Richter's self>>reporting of embezzling ammunition from and SBSD, (case it 151500137 (Attachment During the interview, Richter said that he traded ammo he obtained from the State and County and used it for store credit at Wirtz gun shop. He then used the store credIt to help pay for new firearms he purchased. some. rm "we New.>> CASE NUMBER: DIVISION OF INVESTIGATION sou 14477 Investigations and Services Team North Market BIvd Ste tso, Sacramento, CA 95834 PAGE 36 /i END OF INVESTIGATION FINDINGS: California Government Code ?19572 Dishonesty -- intentionally misrepresenting facts. - On December 16, 2014, Richter lied to police and to his superVIsors when he: 0 Told them his vehicle blew a tire and that's what caused the accident 0 Said he crashed his State vehicle into a pole in front of his house while pulling into his driveway Said he was at the SBSD range until 2300 hours and then drove home 0 On July 24, 2014, during a subject interview of him, Richter tied in the course of an internal affairs investigation regarding allegations that he traded ammunition he obtained from the M80 in exchange for the purchase of a personal firearm California Government Code ?19572(p) Misuse of state property rGrossly abusing or mishandling State property a On December 15, 2014, while drivmg his State assigned vehicle, Richter ran off of the road and hit an Edison pole. The car suffered damage beyond repair. Police found no apparent reason for the accident. . On December 15, 2014, used his State assigned vehicle for other than State business and when he was off duty, . On January 27, 2015, Richter reported to the SBSD that, overthe years, he stole property belonging to the State of California and used it as credit to buy personal summon/"m Business awn/swag Housing Mm, Dem/moi 0mm, Mm CASE DIVISION OF INVESTIGAYION sou 14477 Investigations and Services Team 1747 Non/1 Market Blvd. Ste 150 Sacramento CA 95534 PAGE: 37 firearms. Thousands of rounds of ammunition were recovered from Richter's residence and booked into evidence. California Government Code ?19572m Other failure of good behavior Conduct that brings discredit to the appointing authority or the person's employment - On January 13, 2015. the San Bernardino County DislriclAttorney's office filed criminal charges against Richter for Hit and Run. . Currently under revtew by the DA's office are criminal charges of embezzlement for the State and County property and equipment Richter admitted stealing over the course of his employment with both agencies. MBC Enforcement Ooerations Manual (revision #33) section 4.1 Misuse of a state>>owned vehicle is, in part' "When driven or used othen/vise than In the conduct of state business." - On December 15. 2014, Richter drove his State vehicle during a time frame he was off duty. He crashed the vehicle on a remote road and in an area that was not near his personal residence. ATTACHM ENTS Redlands Police Report #140055017 . BCA . DMV BOA . Email of questions dated 12/29/2014 to Corporal Leivas 1. 2 3 4 5 Email of answers dated 1/7/2015 from Corporal Leivas 6. Email dated 12/16/2014 from Nicholls to Sweet regarding contact with Richter 7. Email dated 12/16/2014from Nicholls to Sweet regarding a text message 8. Email dated 12/16/2014 from Hegelein to Sweet regarding contact with Richter 9. Prints of photos of Richter's cartaken by S, Gartner on 12/16/2014 10.Print of the vehicle log book in Richter's car on 12/18/2014 11.Prints of the photos taken by S. Gartner on 12/16/2014 of the collision site 12tMap showing directions from Richter's home to the crash site 13,Photo of Richter's home/driveway and the pole next to it sweet cam. Eta/wins; enemy 5mm and new; mm Dcuanmemm Consumer/"tall: cAsE NUMBER: DIVISION OF INVESTIGATION SOU 14477 Investigations and Services Team 1747 North Market Ste 150, Sacramento. CA 95334 page; -- 38 14,Map showing the directions and distance from Richter's home to SBSD range 15, Map showing route irom the range and the distance from the crash site 16.Photos of Richter's carthat were taken by CHP on 12/18/2014 17.Crash Data Retrieval print out from Richter's car 18. Email dated 1/5/2015 CHP Sergeant Berns to S. Ganner regarding findings 19. Report 01 findings after examination of Richter's vehicle tire by the CHP 20.Purchase order showing new tires were put on Richter's car on July 3, 2014 21 . invoice from Pride Auto on 11/20/2014 showing Richter's car had a flat tire 22.Email dated 1/5/2015 from Hegelein to S. Ganner regarding shooting roster 23. Report dated 12/2/2013 showing Richter received driver's training. 24.MBC Enforcement Operations Manual section 4.1, page 4. 5.6, Chapter 4. section 4.7 regarding travel log completion and section 4.8 regarding personal use 01 State vehicles, 25.Memo signed by Richter on 7/11/2011 stating he read the MEG Enforcement Operations Manuel. revision #33. 26. Lyoarger admonishment signed by Richter on January 14. 2014 27. A list of Richter's equipment Hirai picked up on 12/17/2014 28. Inventory of ammunition Richter gave Hirai on 12/17/2014 29. Inventory of ammunition Richter gave Hirai on 1/15/2015 30. Inventory of Richter's equipment Hirai collected on 12/17/2014 31. SBSD crime report case 151500137 32. Supplemental report/Memorandum prepared by investigator Smith on February 20, 2015, including Attachments ABC and Property items 1 and 2. PROPERTY: 1. A disc containing recorded interview 01 Leivas on 12/30/2014. 2. A disc containing recorded interviews at the following: -- a Command Kathleen Nicholls Corporal P. Leivas sutualcaiimmia-Buslusa 5mm Ananry Dan-nmlnial DonsumiA/tnvs CASE NUMBER: DIVISION OF INVESTIGATION SOU 14477 ns and Se es Team 39 Corporal Mark Green 3. Interview of Commander Andrew Hegelein 4. A CD-ROM disc oontaining photos of Richter's cart and collision site taken by S. Gartner on12/16/2014 5, Vehicle log book obtained from Richter's car on 12/16/2014 6. A CD-ROM disc containing photos of Richter's car taken by CHP on 12/18/2014 7. Crash Date Retrieval info obtained from Richter's caron 12/18/2014 8. disc of the interview of Richter on 1/14/2015 9' CD-ROM disc of the interview of Richter on 7/24/2014 The property is located in the IST evidence room located inside of 1747 North Market Boulevard, Suite #160 In Sacramento, California 95834 and a copy is kept in the rear 0/ this case file. The ammunition recovered from Richter's home was booked into evidence at the HQIU San Bernardino field office. 77 SUBMITTED BY: M/Jflt DATE: 9/7 770/5 Shelly ner Special nvestigator REVIEWED BV: DATE: fill 37a Ke mith DATE: 5/1 3 Supervising Investigator . APPROVED BY: LC Id DATE: L'aura Sweet Deputy Chief, Division of Investigation REVIEWED BY: Bill Jones Commande mm mmamm cm", gm" mm Manny nepamwv mm." Maui CASE nuussn: DIVISION OF INVESTIGATION SOU 14477 2' Invesligmions and Services Team I747 Nonh Market Ste. Isa Sacvamento, CA 95334 PAGE: 40 APPROVED BY: DATE: J7 ,9 5 4) Michae Gomez Depmy Direc