Witnesses Say Beating Victim Defied Deputies

A gaping head wound left Nicholas Dowey dazed and physically aggressive even as deputies and medical personnel tried to help him, an emergency medical technician testified in Los Angeles federal court Thursday.

“He was the most combative patient I’ve ever seen in my seven years of working” as an emergency medical technician, said Clayton Duke.

Duke was one of several witnesses to testify on behalf of Ventura County Sheriff’s Deputy Darin Yanover and former Deputy Donald Rodarte, who are being sued by Dowey’s parents for allegedly using excessive force on their 21-year-old son, who died Sept. 13, 1997. Three other deputies are being sued for allegedly failing to intervene and get the college student needed medical attention.

Attorneys for the deputies argue, however, that Dowey’s beating death was the result of a serious attack he suffered by unknown assailants before officers arrived to quell a raucous Meiners Oaks party. A severe head injury left Dowey disoriented, causing him to fight wildly against the authorities trying to help him, defense attorneys maintain.

Throughout the day in U.S. District Judge Mariana R. Pfaelzer’s courtroom, defense witnesses testified that they remembered Dowey violently thrashing back and forth against deputies and medical personnel.

Despite what appeared to be a life-threatening head wound, the former high school wrestler was still forcefully resisting help, Duke said.

“There was an enormous amount of strength coming from him,” recalled Duke, who estimated Dowey weighed about 200 pounds. “I never saw him let anyone render care to him.”

Duke said he thought Dowey’s head wound was so severe that his brain might have been swelling.

“When that happens, a patient becomes combative,” he said.

Emergency medical technicians fought to calm the man, finally using restraints to tie him down before transporting him to the hospital. But by that time, several minutes had already been wasted struggling with the patient, Duke said.

“I thought he was dying,” Duke said. “. . . Within a minute, I knew this was a ‘scoop-and-run’ situation. The only thing that was going to save Nick Dowey’s life was a surgeon.”

A technician for the Sheriff’s Department’s crime lab also took the stand to discuss tests conducted on Rodarte’s flashlight, which some partygoers have alleged was used to strike an already bleeding Dowey.

Several witnesses had already testified that during a struggle with Dowey, one of the deputies struck the young man over the head one to three times with a flashlight.

Rodarte’s flashlight had some blood on it, but the blood stains were not consistent with what would be expected if it had been used as a weapon, said crime lab employee Margaret Schaeffer.

Yanover’s flashlight had no traces of blood, Schaeffer said. However, Yanover’s flashlight was not tested until last month, attorneys said.

No reason was given for why Yanover’s flashlight had not been tested sooner.

Schaeffer also said a steering wheel locking device, similar to one known as “the Club,” that was found at the scene of the attack had traces of blood and skin tissue consistent with that of Dowey.

Witnesses have said Dowey was attacked earlier that evening by as many as seven assailants, some of whom carried bats and at least one of whom held the locking device. It was during that attack, they said, that Dowey was beaten about the head or shoulders.

Testimony continues in the civil case today. Defense attorneys hope to call an anonymous witness who allegedly saw Dowey being attacked before deputies arrived.

Defense attorney Alan Wisotsky has asked that the public be removed from the courtroom during the testimony, citing concerns for the witness’ safety. Pfaelzer is expected to rule on that request today.