SAN BERNARDINO COUNTY
DEPUTY VINDICATED IN SHOOTING CASE
In the early morning hours of April 29, 1995, San Bernardino County
Deputy Sheriff Robert Ashton was at a Rancho Cucamonga restaurant when
the screams of a waitress caught his attention. Ashton was directed by
the waitress toward a group of suspects in a vehicle in the restaurant's
parking lot, next to which he observed another Deputy pointing what
appeared to be a firearm at the driver. That Deputy instructed the
driver to turn off the loudly reviving engine, while passengers in the
car were yelling to the driver to flee.
As Ashton hurried past the front of the vehicle, the driver put the
car in gear, and it lurched forward. Ashton barely dodged the
accelerating vehicle, while simultaneously firing a round intended for
the driver, but instead struck the right rear tire. The suspects were
able to drive only a short distance before the tire flattened and they
were apprehended by Deputies.
Shortly thereafter, Ashton told his Sergeant that he had fired at the
driver in fear for his safety and that of his partner, which he
reiterated at a subsequent interview with internal affairs
investigators. In between, Ashton had filled out a brief probable cause
declaration, in which he stated, after just learning that he had struck
the tire with his round, that he "fired at the rear tire..."
Later, a Department investigator asserted that the position of the holes
in the tire demonstrated that Ashton must have shot the tire long after
the vehicle had passed him. Based upon Ashton's alleged contradictory
statements, the assessment of the investigator, and some superficial
interviews of supposedly percipient witnesses, the Department chose to
demote Ashton from Deputy II to Deputy I for dishonesty and for
improperly shooting at a fleeing vehicle. At the time of the
Department's action, Ashton was a seven year veteran with an impeccable
record.
Ashton was represented by Bill Hadden of Silver, Hadden & Silver
at his Civil Service hearing, during which the defense case focused on
the proper analysis of the physical evidence and the ability of the
various witnesses to perceive the events related to the shooting. A
criminalist for the County of San Bernardino testified that no
conclusion could be drawn as to whether the tire had been shot from the
front or the rear, specifically repudiating the analysis of the
Department's less-qualified investigator. Moreover, detailed
cross-examination of the percipient witnesses by Hadden demonstrated
that some of the witnesses on which the Department had placed reliance
either had a poor, belated or non-existent view of the incident. The
testimony of Ashton's fellow Deputy specifically placed Ashton at the
right front passenger tire at the time she heard Ashton's gun discharge,
an account that was totally consistent with that of Ashton's. There was
no credible testimony at the hearing to show that Ashton ever fired at
the vehicle after it had passed him.
As to the alleged contradictory statements, Ashton testified that he
wrote the probable cause declaration shortly after being advised that he
actually had struck the tire, and had not meant to indicate that he had
aimed and shot at the tire.
Hadden argued to the Commission that neither the physical evidence
nor the winesses supported the Department's position, and that Ashton's
statement regarding the probable cause declaration were entirely
reasonable and believable under the circumstances, especially in light
of Ashton's proven track record of integrity with the Department.
The Commission agreed, finding that the Department did not sustain
its burden of proof on any charge. The physical evidence, the Commission
held, did not establish that Ashton had fired from the rear, and the
credible witnesses who testified at the hearing supported Ashton's view
of the events. The Commission's decision specifically noted that Ashton
was an extremely believable witness, and exonerated him of all charges.
Ashton has now been reinstated to his former position with restoration
of all lost wages and benefits.
Ashton was elated with the outcome and relieved that his protracted
ordeal was finally over. "I never thought I had done anything
wrong," he said, "and I'm grateful that the Legal Defense Fund
gave me all the resources to prove it."
