Two Deputies Implicated in Beating Death

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

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 ever hit with a flashlight.

Some of the most dramatic testimony came from Michelle Kapala, who was studying to be an emergency medical technician at the time of the party.

Kapala said she saw deputies confront a disoriented and bloody Dowey. All the witnesses agree that Dowey was uncooperative with police. Dowey tried to run away, but deputies grabbed him and a struggle ensued. Kapala said the color quickly drained from 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, however, saw either deputy strike Dowey with a flashlight or any other instrument, she testified. The two deputies who struggled with Dowey have been identified as Donald Rodarte and Darin Yanover.

Rodarte has since been fired for lying to superiors about the struggle. Yanover remains on the job.

Contradictory testimony came from partygoer 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, she said.

A third witness, Ventura College student Ann Miko, gave yet another version, testifying that 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 beaten 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 remembered hostile deputies confronting the injured Dowey that night.

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

Under cross-examination, however, Sudak said she has problems with memory.

Testimony resumes next week before Judge Mariana Pfaelzer.