Witness Accounts Differ in Beating of Dowey

A string of witnesses on Friday implicated two sheriff’s deputies in the 1997 beating death of Ventura college student Nick Dowey.

But each of the four witnesses offered drastically different accounts of what happened when deputies were called to quell a rowdy Meiners Oaks party on the night of Sept. 12, 1997. The recollections ranged from an account that six officers in full riot gear beat an already injured Dowey to memories that one or two officers struggled with the 21-year-old man, but never struck him.

It was the second day of testimony in federal court in Los Angeles in the civil lawsuit filed by Dowey’s parents, James and Ann Dowey. The Doweys say eight sheriff’s deputies who arrived that night failed to help their badly injured son, and that at least one of the deputies contributed to Dowey’s death by hitting him in the head with a flashlight.

Defense attorneys for the eight deputies named in the suit argue, however, that Dowey received his fatal injury when he was struck in the head with a bat during a fight that took place before deputies arrived. They deny Dowey was hit with a flashlight.

Among the most dramatic testimony was that of Michelle Kapala, who was studying to be an emergency medical technician at that time.

Kapala said she saw deputies confront a disoriented and bloody Dowey. All the witnesses agree that Dowey was uncooperative with officers, saying he tried to run away but deputies grabbed him and a struggle ensued.

Kapala said the color quickly changed in Dowey’s face after one deputy placed him in a choke hold.

“His face was bright blue and purple,” Kapala said. “There was no oxygen going to his head. He lost all movement.”

Kapala said two officers were involved in the struggle, kicking and pushing Dowey. She never saw either deputy strike Dowey with a flashlight or any other instrument, she said. The two who struggled with Dowey have been identified as Ventura County Sheriff’s Deputies Donald Rodarte and Darin Yanover. Rodarte has since been fired, but Yanover remains on the job.

Contradictory testimony came from party-goer Melissa Kunz of Ventura, who said she clearly saw one of two officers strike Dowey on the head with a flashlight with such force that the batteries flew out.

Another officer scooped up the batteries immediately afterward, she said.

A third witness, Ventura College student Ann Miko, gave yet another version, testifying she saw six officers “in full riot gear” surround Dowey. At least four began to attack him, she said.

“One officer had a mag light, one had a baton, one had Mace and another was using his hands,” Miko said.

Dowey was hit with the flashlight at least twice, Miko said. “But there was mostly a lot of kicking and punching.”

Former Ojai resident Amber Sudak, 18, cried as she recalled hostile deputies confronting the injured Dowey that night.

“It was all, ‘Shut up, mind your own business, we’ll handle it,’ ” she said.

Sudak testified she also saw a flashlight strike Dowey.

“He went unconscious,” Sudak said. “He was struggling, and then he just dropped there.”

Under cross-examination, however, Sudak told defense attorney Alan Wisotsky she has problems with memory.

“I take a medication to where I lose my memory, so I’m just trying to do the best I can.”

Wisotsky also challenged Sudak’s memory of a flashlight, questioning why she said in a deposition that the instrument that hit Dowey was “a little black gadget.”

“It looked to me like a flashlight,” Sudak said. “I think it was a flashlight. I can’t say for sure, but in my mind, it was a flashlight.”

Testimony resumes next week before Judge Mariana Pfaelzer. Attorneys expect Rodarte to take the stand. His former partner, Yanover, may also testify.