The article, titled "The Persecution of the Eureka Police Dept.'s SWAT by an Unethical District Attorney," was written by retired LAPD SWAT Sgt. Ron McCarthy. Written in his typical straightforward style, McCarthy's article begins with "The following is an account of what is, in this writer's opinion, a travesty of justice and an example of what a fraudulent or totally inadequate DS's investigation can produce."
The first half of Ron McCarthy's article chronicles the events of the callout and shooting, and the harrowing aftermath culminating in the officers' indictments 18 months later. That's where my April 10, 2008 column left off.
The Fresno (Calif.) PD chief and president of the California Police Chiefs Association summed up the belief of most in law enforcement, saying it was "unheard of in law enforcement for a chief and a lieutenant to be indicted for a decision they made at a SWAT call."
The second half of McCarthy's article reads like a "how to" manual for mounting a successful defense against untrue allegations against police. It's the amazing story of the considerable and tireless combined efforts by PORAC defense attorneys, investigators, and experts, including Mike Hillman, then deputy chief of LAPD. All the experts agreed the EPD SWAT response was textbook perfect. Defense investigators were able to disprove the DA's account of events.
Then, on August 26, 2008, in the courtroom packed with law enforcement officers, a Humboldt County Superior Court Judge dismissed all charges against the two officers. Ron McCarthy closes his article with these profound words: "This is a lesson to all officers in the State of California and elsewhere. They must always use the best training, tactics, and techniques available to them and follow up with a very professional investigation and public disclosure."