Officers Fail Judge’s White-Glove Test

A judge has rejected volunteer work performed by two San Diego County sheriff’s deputies as part of their sentences for disturbing the peace in a brawl during a Padres game at San Diego Jack Murphy Stadium.

Municipal Judge Charles Rogers said Richard Logan, 26, and Richard Janickey, 25, both correctional deputies, must go back and perform the highway work he had ordered in the first place.

Rogers ruled this week that their 10 hours of work cleaning up the sheriff’s crime laboratory was not appropriate and was, in effect, an attempt at “an end run” around their sentences.

Rogers also fined the officers’ lawyers for their actions in the case. Attorney James Gattey, representing Janickey, was fined $1,500. Thomas Warwick, Logan’s attorney, was fined $500.

Rogers ruled that Gattey and Warwick violated the orders he gave when he allowed the defendants to plead no contest to disturbing the peace in return for the dismissal of battery charges.

Logan and Janickey were off duty when they and two companions--who were all New York Mets fans--got into a beer-throwing match with two Padres fans who were sitting nearby at a Mets-Padres game at the stadium July 26.

The defendants were charged with beating up the two Padres fans in an ensuing brawl. One of the Padres fans was knocked unconscious and the other suffered cuts, bruises and a hairline fracture under the eye.

“The upshot of the matter is this,” Rogers said. “Two peace officers charged with a criminal assault pleaded guilty to a reduced charge and were ordered to perform public work as a condition of their probation.

“Their attorneys knew this was the agreement and that this was the court’s order. Without notifying the court or opposing counsel, Gattey and Warwick sought to change the order to one less onerous to their clients, in effect doing an ‘end run’ around the agreement and the order.

“This they may not do.”

Public works service--most frequently roadside cleanup work--must be done under the supervision of the county Probation Department. Logan and Janickey cleaned the sheriff’s crime laboratory for 10 days under the supervision of their employer, the Sheriff’s Department.

The deputies’ companions--San Diego Police Officer John Autolino, 25, and Eugene W. Stone--also pleaded no contest and were ordered to perform public works. Both either have done so or are in the process of doing so, according to court records.

Warwick testified during two days of hearings that he never intended to circumvent the sentence and went to great pains to clear the plan for Logan’s volunteer work with Probation Department officials.

Gattey testified that the question of how his client would fulfill his sentencing obligations never came up and he never thought it was a problem until Deputy City Atty. Scott Taylor sought a hearing on the matter.

“I never had a reason to discuss the difference (between public work service and community service), nor did I understand the differences,” Gattey testified.

Sheriff’s officials testified that the judge’s ruling might result in taxpayers having to foot the bill of the 80 hours the men spent cleaning the crime laboratory, which would be considered overtime.