The Santa Clara County grand jury is investigating an incident in which members of a Yuba County sheriff's SWAT team allegedly tried to sexually assault one of their colleagues in a Morgan Hill motel room as part of a hazing ritual, sources said Thursday.
The alleged victim, Deputy Chad Ellis, filed a claim against Yuba County this week alleging that a lieutenant, three sergeants and three deputies were involved in the incident Sept. 24, 2003.
The Yuba County contingent was in Morgan Hill for the "Best in the West" SWAT team invitational competition. Ellis, who has been on the department two years, said his colleagues surprised him in his motel room, bound him with duct tape, punched and kicked him and pulled down his pants to sexually assault him with a pole.
The other SWAT team members stopped only when he suffered a torn muscle in his shoulder and screamed, said the claim, filed by attorney Joe O'Sullivan.
Sources said several Yuba County sheriff's deputies, including Ellis, have been called to testify before the Santa Clara County grand jury.
Karyn Sinunu, an assistant district attorney in Santa Clara County, said prosecutors had been investigating the case for some time, but she would not confirm that it was before a grand jury.
"We're taking this claim seriously, and we are fully investigating it,'' she said.
The attorney for the SWAT officers, Steve Welty, said Ellis' allegation that his colleagues had tried to sexually assault him was untrue.'
The incident was not a hazing, Welty said. "All that it was was a wrestling match -- it was horseplay. Unfortunately, Mr. Ellis injured his shoulder. It wasn't done intentionally.''
Ellis alleges in the claim that the other SWAT team members told him he was going to be sexually assaulted and showed him photos of an earlier such hazing. He took his concerns to Yuba County sheriff's Lt. Sean Smith, who told him not to worry, the claim says.
"Lt. Smith laughed and said he would protect Deputy Ellis," the claim against Yuba County says. "Lt. Smith was at the motel on Sept. 24, 2003, and allowed the attempted sexual assault to proceed.''
O'Sullivan said only the injury Ellis suffered and his subsequent screams stopped the plan from being carried out.
"They were pulling his pants down, they had already duct taped his ankles, they had deputies on both sides, they were attempting to put him in arm locks and he was biting them,'' O'Sullivan said. "That's when they pulled his arm out of its socket.
O'Sullivan said that none of the sheriff's deputies or supervisors involved has been disciplined. Ellis is on administrative leave.
"My guy should be back at work," O'Sullivan said. "They should all be suspended or terminated.
"There was a culture there that was bizarre,'' O'Sullivan said. "It would be shocking if it was anyone. It's particular shocking when it's police officers."
Yuba County Sheriff Karen Black said Thursday that she was awaiting any decision by Santa Clara County authorities before she acts.
She said she had brought in an outside investigator to look into the case. That probe has been completed, she said, declining to elaborate on the findings.
"None of the people thus far have been put on administrative leave,'' Black said. "I believe that no member of the public, no member of this department is in any danger, from any of these people. If I did, I can assure everyone that I would have relieved active duty.''
Black said she had recruited Ellis herself, and called the entire incident "extremely unfortunate. ... I feel dreadful about what has happened to him. This is just dreadful. It's only word I can think of.''
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/03/05/BAGKI5F15O1.DTL
The alleged victim, Deputy Chad Ellis, filed a claim against Yuba County this week alleging that a lieutenant, three sergeants and three deputies were involved in the incident Sept. 24, 2003.
The Yuba County contingent was in Morgan Hill for the "Best in the West" SWAT team invitational competition. Ellis, who has been on the department two years, said his colleagues surprised him in his motel room, bound him with duct tape, punched and kicked him and pulled down his pants to sexually assault him with a pole.
The other SWAT team members stopped only when he suffered a torn muscle in his shoulder and screamed, said the claim, filed by attorney Joe O'Sullivan.
Sources said several Yuba County sheriff's deputies, including Ellis, have been called to testify before the Santa Clara County grand jury.
Karyn Sinunu, an assistant district attorney in Santa Clara County, said prosecutors had been investigating the case for some time, but she would not confirm that it was before a grand jury.
"We're taking this claim seriously, and we are fully investigating it,'' she said.
The attorney for the SWAT officers, Steve Welty, said Ellis' allegation that his colleagues had tried to sexually assault him was untrue.'
The incident was not a hazing, Welty said. "All that it was was a wrestling match -- it was horseplay. Unfortunately, Mr. Ellis injured his shoulder. It wasn't done intentionally.''
Ellis alleges in the claim that the other SWAT team members told him he was going to be sexually assaulted and showed him photos of an earlier such hazing. He took his concerns to Yuba County sheriff's Lt. Sean Smith, who told him not to worry, the claim says.
"Lt. Smith laughed and said he would protect Deputy Ellis," the claim against Yuba County says. "Lt. Smith was at the motel on Sept. 24, 2003, and allowed the attempted sexual assault to proceed.''
O'Sullivan said only the injury Ellis suffered and his subsequent screams stopped the plan from being carried out.
"They were pulling his pants down, they had already duct taped his ankles, they had deputies on both sides, they were attempting to put him in arm locks and he was biting them,'' O'Sullivan said. "That's when they pulled his arm out of its socket.
O'Sullivan said that none of the sheriff's deputies or supervisors involved has been disciplined. Ellis is on administrative leave.
"My guy should be back at work," O'Sullivan said. "They should all be suspended or terminated.
"There was a culture there that was bizarre,'' O'Sullivan said. "It would be shocking if it was anyone. It's particular shocking when it's police officers."
Yuba County Sheriff Karen Black said Thursday that she was awaiting any decision by Santa Clara County authorities before she acts.
She said she had brought in an outside investigator to look into the case. That probe has been completed, she said, declining to elaborate on the findings.
"None of the people thus far have been put on administrative leave,'' Black said. "I believe that no member of the public, no member of this department is in any danger, from any of these people. If I did, I can assure everyone that I would have relieved active duty.''
Black said she had recruited Ellis herself, and called the entire incident "extremely unfortunate. ... I feel dreadful about what has happened to him. This is just dreadful. It's only word I can think of.''
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/03/05/BAGKI5F15O1.DTL
