Corrections Employee /CCW Holder Criminally Investigated

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JCF

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http://www.mercedsunstar.com/local/story/13359891p-13982395c.html

Investigated corrections worker retires

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By Victor A. Patton
[email protected]

A Merced County Sheriff's Department civilian employee who was accused of pulling a gun on three trespassers at his Le Grand property has retired from his job.

Steven Greene, 58, retired Monday from his position as a farm manager at John Latoracca Correctional Facility, a position he held since 1990, said Undersheriff Bill Blake.

Although Greene has retired, Blake said the department is still conducting an administrative investigation into an altercation that occurred near an orchard owned by Greene last year.

Sheriff's Deputy Jason Cope was dispatched to Greene's property on Ispen Avenue around 9:30 p.m. on Dec. 30 for a report of three trespassers who had been detained, according to a sheriff's department incident report.

After arriving at the property, Cope asked Greene if a crime was committed and was told "he just wanted me to let these guys know that he meant business about staying off his property," according to the report.

Cope spoke to Jorge Hurtado, a Planada resident who was driving a truck along with his father Angel Hurtado and a friend on Greene's property.

Hurtado told Cope that his sister's ranch backs up to Greene's land, and he was trying to access the ranch from an alternate route, because a train was blocking the driveway to his sister's property.

According to Hurtado's statement, Greene chased after him in a truck with "Corrections" and star insignia on the side of it.

Hurtado said Greene ordered him, his father and his friend out of the truck at gunpoint while cursing and yelling at them.

Hurtado said Greene also put the gun, a .357 Magnum, to his father's head, pushed him against the truck and took their wallets, according to the report.

Greene denied pointing the gun at the truck's occupants, saying that he had obtained the wallets and asked them to follow him to his driveway.

The report also states that Greene has a concealed weapons permit.

The sheriff's department conducted a criminal investigation into the case and charges were never filed against Greene by the Merced County District Attorney's Office.

"It was the consensus in our office that we did not believe that we would be successful in obtaining a conviction under the facts as they were presented to us," said Merced County District Attorney Larry Morse II.

Even though the sheriff's department will still complete an administrative investigation into the incident, no disciplinary measure can be taken against Greene because he is no longer an employee.

Although Greene would not comment about whether he pulled a gun during the confrontation, he said Hurtado was driving his truck about 100 feet away from his family's home -- so close the truck's headlights were shining through the windows.

"What were they doing here nine o'clock at night?," Greene said.

He said trespassers have visited his property before -- although never that close to his house.

Greene, a professional bass fisherman and almond grower, said the months since the incident and the subsequent criminal investigation have been emotionally trying and upsetting for him and his family. He feels that he did nothing wrong.

"I did pursue these guys and I did stop them with a gun, which is my right," Greene said. "The district attorney affirmed that. The only thing I did wrong was I used a county vehicle to do that."

Greene said he used the sheriff's department truck from his job to drive after Hurtado because he could not find the keys to his wife's car.

Blake said it's not unusual for sheriff's department employees like Greene to drive a county vehicle after hours.

"When we expect them to respond to us calling during off-duty hours, it is not unusual at all to supply them with an automobile to respond," Blake said.

While Hurtado, 27, acknowledges that he was on Greene's property, he said he accidentally "got lost" after trying to access his sister's property from a different entrance.

Hurtado said he was driving to his sister's property to care for a sick horse.

Hurtado said he and the occupants of the truck feared for their lives after seeing Greene brandish the gun. He said he tried to explain himself to Greene, but Greene was so angry and busy cursing that he would not listen.

"I was pretty scared and then he pointed (the gun) at my father's head. I thought he was going to kill my father and I. That's how bad it was," Hurtado said. "His attitude was ballistic. It wasn't called for. He assaulted my father, pushed him against a truck."

Hurtado said he was under the impression that Greene was a member of the sheriff's department, because of the insignia on the side of his truck.

Once Cope arrived, Hurtado said he realized that Greene was not a sheriff's deputy.

Blake said Greene retired on his own accord and was not asked by the sheriff's department to resign as a result of the Dec. 30 incident.

Greene also confirmed that he was not asked by the sheriff's department to resign as a result of the incident.

"Only he knows why he retired," Blake said.

Even though Greene has retired from his position, Blake said Greene is "highly employable" and is "a highly skilled individual."

Greene said he's glad to begin his retirement.

"I'm relieved, frankly," Greene said.

Reporter Victor A. Patton can be reached at 385-2431 or [email protected].
 
Been there myself sort of... Of course that was after two drunk people smoking crack cocaine smashed into our house at 2am. I believed it was a home invasion and I held them at gun point till the police arrived. Where we live, noone should run into the house. If it was an honest mistake and these people posed no threats, then this guy may have gone a bit overboard. Also if it's his property, then having a CCW shouldn't even matter IMO...
 
I don't know the laws of Texas. Is it legal to defend (assuming "defense" here means "defense against trespass") property with force?

I'm trying to find the part in this story where they threatened him personally. It seems that he could have just as easily gotten their license plate number, photographed them, called the police. Going after a fleeing threat (which wasn't even determined to be a threat in this case) in WA and then brandishing without cause would get me locked up in the pokey, where Greene's real job used to be. There's a difference between carrying concealed/openly on your property and pointing the weapon in hand.

I'm just not buying the story. Without knowing more (previous criminal history of trespassers, stolen vehicle, validity of claim of sister's house, etc), hard to say.

"What were they doing here nine o'clock at night?," Greene said.

People travel and get lost at all hours of the day. Give me a break.

jm
 
I don't know the laws of Texas. Is it legal to defend (assuming "defense" here means "defense against trespass") property with force?

The incident took place in Merced County, which is central California. The property in question is in a fairly rural area. I really don't know what the law is in California regarding defense of property, but it seems to me that the situation could have been handled better.

"What were they doing here nine o'clock at night?," Greene said.

People travel and get lost at all hours of the day. Give me a break.

Yeah... I had the same reaction.
 
Why exactly did this make the news?

The DA didn't file charges and the whole thing is over and done.

It is lurid reading in a small rural county.
 
The incident took place in Merced County, which is central California.

Thanks for the correction, CFriesen. I was going by the OP's location and not the article, my bad.

jm
 
I was a firefighter for Merced Co. in the early 60s. Back then
a nice little farm area outside of the little townships. Now it is
known for Hispanic and Mexican gangland, so I'm sure the rules
have changed. I don't know how crediable the wronged party's
story is, but I believe that a greeting under those circumstances
warrant more than a smile and a show of open hands. Each county
in that state may have a different law on trespass. I recall one
north of Merced that without written permission by the property
owner in your pocket, you are subject to arrest and fines.
 
I was a firefighter for Merced Co. in the early 60s. Back then
a nice little farm area outside of the little townships. Now it is
known for Hispanic and Mexican gangland, so I'm sure the rules
have changed. I don't know how crediable the wronged party's
story is, but I believe that a greeting under those circumstances
warrant more than a smile and a show of open hands.

I worked in Merced County last year and yes... it definitely has some serious gang issues. Meth activity is also a major issue in rural parts of the county.

I don't know how credible the claim is either. I definitely would have been vigilant under the circumstances, but I don't know that pulling one's weapon was necessarily the way to go. If he actually did react the way he was alleged to, he definitely went way over the line I'd say. The thing is, if that vehicle were actually a group of gangbangers looking for trouble, this guy's decision to confront them the way he did would have been absolutely insane anyway. I suppose it is easy to armchair quarterback, but the whole situation stinks from my perspective.

Regardless... it just goes to show how careful one needs to be in a situation like this. Poor judgement can can shift one's role from victim to offender (or corpse) in a heartbeat.
 
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