Deputies Cleared in Beating Death of Student

After two days of deliberations, a federal jury acquitted five Ventura County sheriff’s deputies Wednesday of contributing to the beating death of Ventura college student Nicholas Dowey.

Former Deputy Donald Rodarte dipped his head in his arms and wept after hearing the not guilty verdict. Then he embraced his old partner, Darin Yanover.

Also cleared by the jury, but not present for the verdict, were deputies Oscar Gongora and Pat Hardy, and Ojai Sheriff’s Capt. James Barrett.

Disappointed with the verdict were Dowey’s parents, James and Ann Dowey. “If this wasn’t a case of excessive force, I don’t know what is,” James Dowey said.

The Doweys filed the suit after their son, a Cal State Northridge student, died from extensive head injuries suffered at a 1997 Meiners Oaks party that turned violent.

Dowey, 21, was hit in the head with a bat moments before deputies arrived, but the Doweys claimed Rodarte and Yanover aggravated his injuries by hitting him in the head with a flashlight during a struggle. The other deputies failed to intervene in the struggle or to get medical attention for the mortally injured man, they said.

More than a dozen witnesses testified they saw deputies wrestling with Dowey before putting him in a headlock, trying to douse him with pepper spray and hitting him as many as three times with a Mag-flashlight.

Defense attorneys, however, convinced jurors Dowey was disoriented and combative. Rodarte and Yanover may have struggled with Dowey, but it was because he fought efforts to restrain him until medical aid arrived, attorneys said. The witnesses, defense attorneys said, likely saw Rodarte hit the thrashing man with a one-ounce pepper spray can, but never with a flashlight.

James Dowey said despite the acquittal he and his family are “pleased we went forward with the lawsuit because it was the right thing to do.”

The Doweys’ attorney, Richard Hamlish, said it was too early to say whether he will file a motion for a new trial.

“I need to confer with my clients first,” he said.

Judge Mariana Pfaelzer gave him until July 19 to make up his mind.

Defense attorney Alan Wisotsky, however, praised jurors for separating what actually happened that night from what party-goers thought happened.

“I believe they felt a lot of witnesses jumped to certain conclusions,” Wisotsky said. “I have to assume they concluded there was no flashlight used and that other areas of alleged excessive force were found to be reasonable.”

Wisotsky said Rodarte is “looking forward to a brighter future.”

Rodarte was fired from the department last September after an internal investigation found the deputy lied about striking Dowey with a pepper spray can. The firing came despite a ruling by investigators that Rodarte and other deputies did not use excessive force during the struggle.

Rodarte is appealing his termination.

Pfaelzer discharged the jurors after they rendered their verdict but instructed them not to discuss the case until they hear further word from her.

She gave the instruction because part of the trial involved testimony from a witness behind closed doors. With the possibility that the witness’ testimony might become the subject of a post-trial motion, she said she did not want the jurors to do any talking about the case until she decides it is safe to do so.

Court documents show the secret witness saw the beating and can identify the person who struck Dowey over the head with a bat. The witness, who came forward in April, 20 months after the attack, asked to remain anonymous, fearing retribution from those involved in the beating.

Authorities hope the witness will help them make an arrest in the criminal case. To date, detectives have not arrested any of the seven attackers witnesses said participated in the beating.