Did Danny Hughes Order the Joe Felz Cover-up?

Dearly Departed Sappy McTree

This blog has written countless stories about the sordid tale of former Fullerton City Manager Joe Felz’s Wild Ride back on Election Night 2016 when he hit a tree and allegedly attempted to flee the scene of the crime.

This blog actually filed a complaint with the city which led to the firing of Sergeant Jefferey Corbett who is now facing a felony rap over this incident.

For context we also wrote about when former Chief Danny Hughes said the following at a nuisance hearing back in 2017 (emphasis added):

“When there is a, especially in the city of Fullerton, where there is somebody, whether it be a City Council Member or in this particular case the City Manager, those types of incidents are gonna, what I would describe, blow up. No matter what that decision is made regarding the outcome of that case there there will be allegations and conspiracy theories and all sorts of information that comes from that.”

Really we’ve been watching this story since it started and now we have some salient details to share with you good citizens. So let us put Hughes’ conspiracy take to the test.

Here is FPD’s version of the actual events that happened on election night 2016 starting with what Officer Gibert told the investigators tasked with looking into the complaint against the FPD handling of the Joe Felz DUI incident (emphasis added):

“Gibert said he had six and a half years of experience as a police officer. Gibert said he had conducted approximately 700 D.U.I. investigations and assisted in an additional 150 to 200 D.U.I. investigations. Gibert acknowledged that he was taught to enforce the law without any favor.”

I asked Gibert to tell me what he recalled regarding his involvement from the collision investigation involving former City Manager, Joe Felz. Gibert told me the following:”

The radio call was of a vehicle collision. While Gibert was on his way to the location, dispatch advised the vehicle was trying to leave the scene. Gibert was the first officer on-scene and as he arrived, he saw the vehicle travelling west bound. The vehicle appeared to be disabled, but was still partially moving. Gibert then initiated a vehicle stop and as a result, the vehicle came to a halt. As he was exiting his unit, the vehicle began to move again. Gibert put his unit back into drive not knowing if the vehicle was going to try to leave. They moved a very short distance and came to a complete stop. Gibert then placed the front of his police unit bumper up against the vehicle’s rear bumper in case he tried to flee again. Gibert explained that he tried to pin his unit up against the vehicle so the suspect would not endanger any civilians; this also positioned Gibert to possibly conduct a P.I.T. maneuver if it were necessary.”

At that point in time, the vehicle stopped. Gibert believed Corporal Jim Boline was next onscene and walked up on his passenger side. They ordered the driver (Joe Felz) out of the vehicle. Gibert had the Felz facing away from him. As Gibert placed Felz’s hands behind his back, he identified himself as Fullerton City Manager, Joe Felz. Gibert stopped his investigation or any questioning at that time and had Felz sit on the front bumper of his police unit. Gibert then requested for a Sergeant to respond to the location.

But then, oddly these bits come out:

“As he was handling the traffic collision, he chose to not mark “hit and run” on the form because of the distance from Felz’s vehicle to where the initial collision occurred.”

He had to do force the vehicle to stop and prepare for a P.I.T. maneuver but didn’t consider it a hit and run? That makes little to no sense.

That then compounds another problem:

“I asked Gibert if he was aware of the email sent by C.S.I. Technician Victoria Mayhew to Lieutenant Mike Chocek. Gibert said he was not familiar with the email. As a result, I read him the content of the email. Gibert commented by stating the portion of the email involving him was accurate. Once Mayhew arrived on scene, Gibert told her to just photograph the damaged tree. Gibert said he was trying to limit the exposure of how many people were involved with this case. Gibert stated that C.S.I. would not normally photograph the vehicle since this was not a hit and run investigation.”

Gibert, with 700 DUI investigations under his belt, saw Felz try to flee a scene and smelled alcohol on the suspect. Owing to Felz’s position of authority a Sergeant was called. That Sergeant was Jeffery Corbett.

On September 7, 2017, FPD Records personnel performed a CAD search to reveal how many DUI investigations Sergeant Jeff Corbett conducted within the last 5 years. Zero investigations were located.

For a DUI investigation an Officer with 700 DUI investigations was replaced by one with 0 in five years. In fact, Corbett wasn’t even certified as a Drug Recognition Expert according to Officer Franke:

“Corbett was decertified as a D.R.E. because he did not submit the required recertification paperwork to Sacramento. To Franke’s knowledge, Corbett has not attempted to get recertified as a D.R.E. since then.”

Everything Corbett did looks to have been wrong and done simply to not collect evidence.

“In regards to the Walk & Turn test, Franke’s overall feeling was as if Corbett was conducting a cursory, “Lets hurry up and get this done; I want to see what you’re able to do and not do” type of investigation.”

“According to Franke, it would have been fair for the people of California to see if Felz was or was not intoxicated. It would have also offered the opportunity to offer exculpatory evidence that would have been fair to Felz. What Corbett did on scene, was a “Gross deviation” of the training he received in the past from Franke and the D.R.E. Program. Franke stated that it seemed as though the test was stopped to prevent any more incriminating evidence to be revealed.”

It goes on to explain what Corbett did and why he claims to have done it and here are the big takeaways (emphasis added):

“I then asked what Corbett meant when he told Officer Haid, “Nobody has done any FSTs, nobody’s done a breathalyzer, so technically we don’t have to go deuce, we can just a do a TC and drive him back. Corbett said he had already spoken to the Watch Commander (Lieutenant Goodrich) and Chief Hughes at that point and he was explaining to Haid that he was not aware what part of the incident was to be handled by Fullerton PD. Corbett added that he did in fact know that Fullerton PD was at least going to handle the traffic collision report portion of the incident. I asked Corbett to elaborate on what he meant because his answer was not directly answering my question, nor was it making sense. Corbett then added that he was trying not to reveal too much too Haid of what he and Chief Hughes spoke about via telephone. At that point in the interview, I told Corbett that phone records indicated his conversation with Haid was in fact after his first call to Goodrich, but before his calls to Chief Hughes. Corbett then said that did not change anything because he was still waiting on a call back to see what direction the Chief wanted the investigation to take.

I asked why it took approximately 1-hour to start the FSTs. Corbett replied stating that the back and forth phone calls caused the delay in having Felz start the tests. I asked Corbett when he last conducted a DUI investigation on his own. Corbett said about 1-year prior to the incident.”

“Sergeant Corbett said no he was not trained that way, but was only asked by Chief Hughes to obtain a preliminary assessment and that’s why he only had Joe Felz do those two tests.

Sergeant Corbett stated that he specifically remembered Chief Hughes requesting either a “couple” or a “few” tests for the “assessment. I asked Sergeant Corbett if he interpreted that as two tests and he said yes.”

“I asked Corbett if he had knowledge of the on-scene officers’ expertise as it relates to D.U.I. investigations. Corbett stated yes, but Chief Hughes instructed him to be the lead.

“I asked Corbett if he remembered asking Joe Felz if he had recently been drinking alcohol that morning and he said yes. I asked Corbett if he could remember Joe Felz’s response and it was, “Yes.” Corbett said he asked this question because he could actually smell alcohol on Felz’s breath. I then asked why Corbett did not have any follow-up questions after Joe Felz admitted to have consumed alcohol. Corbett again stressed that he was not conducting a full D.U.I. investigation and only wanted to obtain basic information to report back the Chief Hughes. I then asked Corbett why he didn’t ask Joe Felz if he had been drinking prior to the two tests he had him perform. Corbett again said he did not ask Joe Felz prior to the FSTs because he was only asked to do a preliminary assessment.”

“I then asked if Corbett has ever terminated his questioning after asking the subject if they had been drinking like he did with Felz in the past. Corbett did not directly answer my question and again said he was only asked by Chief Hughes to get a physical assessment.

“I asked Corbett if he remembered turning the 502 form in with the police report and he responded by saying that there was “no need to.” I asked Corbett to explain why he thought it was not necessary to turn in the form. Corbett said it was irrelevant because there was no arrest.  I asked if Corbett still had the 502 form or if he discarded it. Corbett said it was discarded.”

I asked why there was a delay in Corbett downloading his body-worn-camera and he did not recall or explain why that occurred.”

I asked Corbett if he remembered showing Chief Hughes a printed copy of his police report draft. I asked why he showed the report to Hughes prior to it being sent through the normal Versadex chain. Corbett said Chief Hughes requested it.  I asked if it was normal operating procedure for him to show a draft of the police report on a Word document as opposed to submitting it via the internal report database (Versadex). Corbett said it was normal because that is how it was requested by Chief Hughes.”

Corbett wanted to make it clear that his actions were just a “preliminary assessment” of Joe Felz’s intoxication level. Corbett said that if he was conducting a full D.U.I. investigation, he would have had Felz perform more tests and the 502 form would have been completed which included all associated questions found on the form. Corbett did not go that route because he was directed by Chief Hughes who only wanted a simple “assessment of Felz’ intoxication level”. Corbett was asked by Chief Hughes to perform a couple tests and that’s what he did. Once Corbett obtained the assessment, he called Chief Hughes to relay the information. Corbett then was waiting to see if he was going to handle the rest of the investigation or relinquish the incident to another agency. Corbett again said that he would have done more if he was told to investigate further.

Read the whole report HERE.

It certainly reads like Danny Hughes misled the city council at the very least and orchestrated the Felz cover-up from the start.

Hughes claimed in his letter to council the following:

“I informed the Watch Commander that I would call the sergeant to obtain additional information and that I would have the field sergeant conduct a preliminary assessment by performing Field Sobriety Tests and if the sergeant believed there was a level of intoxication that met the criteria to be a violation of the law, we would contact the CHP to investigate.”

The CHP were not contacted and Sergeant Corbett did not conduct a full investigation.

Happy Felziversary

We have something to show you ladies and gentlemen. It’s time you were exposed to the truth.

Two years ago following election night, FFFF returned to the scene to break the tale of Joe Felz’s Wild Ride, the Tragedy of Sappy McTree, the Corbet-Coverup, the Subaru Smash, the Great Wide Turn of 2016, the Hit-and-Run on Highland, Dan Hughes’s Last Sweet Kiss.

This election? No such scandal to report, but in the interest of continuing post-election day shenanigans from Fullerton people named Joe, last night we received something special from a Friend.

They say imitation is the highest form of flattery. Nothing offensive here folks, just some good fun to break up your election result reading.

Enjoy.

 

 

Felony Complaint Filed Against Fullerton Sergeant

Here is the actual copy of the Felony Complaint filed by the District Attorney’s office against Fullerton Police Sergeant Jeff Corbett as we mentioned was coming earlier today:

Corbett Complaint Corbett Complaint

 

The charge is as follows:

118.1 PC False Report by a Peace Officer – Felony

For those who are curious here is what that CA Penal Code is:

Every peace officer who files any report with the agency which employs him or her regarding the commission of any crime or any investigation of any crime, if he or she knowingly and intentionally makes any statement regarding any material matter in the report which the officer knows to be false, whether or not the statement is certified or otherwise expressly reported as true, is guilty of filing a false report punishable by imprisonment in the county jail for up to one year, or in the state prison for one, two, or three years. This section shall not apply to the contents of any statement which the peace officer attributes in the report to any other person.

My suspicion that it was related to Felz’s accident was spot on, though it looks like it was done without (or around) the Grand Jury. Danny Hughes clearly threw Corbett under the bus and was given a pass.

Who wants to lay odds that this goes to trial or that the “false report” sees the light of day.

City Manager Ken Domer Lies By Omission

For those of you playing along at home we know that two of Fullerton’s Finest (Chief Hendricks & Captain Oliveras) have been put on a paid stay-cation (costing us approximately $1,955/day) for their conduct at a Lady Antebellum concert in Irvine. With City Manager Ken Domer putting Captain Bob Dunn in charge of FPD we are now being run by… Dunn & Domer.

It’s too bad this isn’t a comedy. Instead we’re finding ourselves in more typical Fullerton drama that a little transparency might have avoided. Alas instead of openness and honesty City Manager Ken Domer couldn’t be bothered to let anybody outside of the police department know what was happening in our town at the time, the next day or even the day after that.

In fact per a statement to the OC Register by Jennifer Fitzgerald it took Domer at least 3 days to inform his employers (City Council) of any details (if they have gotten any) and it has taken him 4 days to bother to release information to our fair city by way of a press release. It’s almost like he doesn’t know who he works for anymore.

Fullerton Councilwoman Jennifer Fitzgerald said she knows little about the incident, but “what I know of Chief Hendricks and Captain Oliveras is that they are fantastic guys and fantastic public servants and I look forward to the investigation being complete.”

Let us peruse this fascinating bit of PR garbage:

Hendricks Oliveras Press Release

That’s quite a few words to say almost nothing of substance. What happened? How long is the leave? Was it criminal? Who’s investigating the case?

The City will not provide further information at this time, out of respect for the integrity of the ongoing investigations.

In other words “F U. You don’t have a right to know anything at all because integrity of an ongoing case”.

Nothing to See Here

Except no.

We already know from an email from the City of Irvine there is plenty to see here and we deserve details. I’m tired of this mentality that it’s okay to publicly and loudly (Instgram?!) shame societal nobodies when they screw up but when our overlords do the same all of the sudden we need to worry about “integrity” and bury the details behind a wall of BS.

The first bit of BS that we need to knock down here is that this isn’t just some boilerplate investigation that “related entirely to allegations of off-duty conduct”.

This is an allegation of battery against an EMT. By possibly armed off-duty officers. The alleged battery alone falls under CA Penal Code 243(c)(1) unless the injury was serious and then it elevates.

(c) (1) When a battery is committed against a[n][…] emergency medical technician […] engaged in the performance of his or her duties, whether on or off duty, […] and an injury is inflicted on that victim, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.

Next we have to ask who will oversee this investigation? Why were no arrests made for this alleged battery?

How is the District Attorney involved? Which internal investigator are we planning to hire? Is Irvine being allowed to investigate this case?

These are all pertinent questions especially considering the incestuous relationships we have with other departments. Remember that Irvine’s Chief of Police, Mike Hamel, is married to Katherine Hamel who herself is a Lieutenant under Captain Oliveras and Chief Hendricks.

Is Irvine’s Chief Hamel really going to investigate his wife’s boss? Is this why no arrests were made?

Regarding the “ongoing investigation” angle – that’s the same claptrap the city is still throwing at us over the Joe Felz accident and cover-up that happened 657 days ago. #SorryNotSorry that we can’t trust you and your comrades in obfuscation in the City Attorney’s office to come clean Mr. Domer.

If Fullerton’s City Manager Ken Domer really cared about transparency and “integrity” he wouldn’t hide behind subterfuge and lies of omission. He would tell we the citizenry about what is happening, how it is happening and how we can be assured that another Danny Hughes Felzian cover-up isn’t taking place in our city.

Domer would do well to read his own interview with the OC Register when he said;

You cannot operate local government without partnerships, without collaboration, without openness, transparency.

Ken Domer
(Photo by Brian Whitehead, Orange County Register/SCNG)

I’ll be on with John & Ken during the 3pm hour (1500) discussing this issue. You can listen live on KFI’s website or on your radio at AM640.

Grand Jury Subpoeneth

Numerous officers within the Fullerton Police Department are receiving Grand Jury Subpoenas like the one pictured below.

Probably not a coincidence that the lucky recipients are, reportedly, the same officers on scene when former City Manager Joe Felz ran over the tree in November 2016.

You know what, I’d really hate to be former police chief Dan Hughes, or former Sergeant Jeff Corbett, right now!

Complaint Against Officers Involved in Felz DUI Cover-up Sustained

Back in 2016, FFFF filed a personnel complaint with the Fullerton Police Department against the officers involved in the attempted cover-up Joe Felz DUI accident. The complaint offered a tiny bit of hope that a quasi-legitimate internal investigation might be carried out. It also entitled us to a legally-mandated notification as to whether the complaint was “sustained” or “not sustained.” Sadly, this process represents the absolute limit of public visibility into the California system of police self-governance that has drawn the ire of FFFF for a decade.

Well over a year later, this letter shows that some of the accusations leveled at Sergeant Jeff Corbett and Lieutenant Goodrich, under the leadership of the since-departed Chief Danny Hughes, were indeed sustained.


While state law prevents the public from knowing what disciplinary actions were taken as a result of the investigation, sources inside the Fullerton Police Department indicate that Sergeant Jeff Corbett was terminated in February. Lieutenant Goodrich, who once considered himself a promising candidate for promotion to Captain, was pushed into an earlier-than-planned retirement beginning this Tuesday.

Felz and Hughes become celebrities in Federal Court

Remember the OCDA investigator who faced the wrath of Rackauckas and his minions for suggesting former Fullerton Police Chief Dan Hughes be charged with criminal obstruction?

Abraham Santos and co-plaintiff Tom Conklin have recently filed a lawsuit in Federal court.  Be sure to read pages 23-24 where it talks about our esteemed former City Manager Joe Felz and his wild DUI ride home.  “JC” refers to FPD Sergeant Jeff Corbett.

https://www.fullertonsfuture.org/wp-content/uploads/2018/03/Santos-Conklin_v_Rackauckas.pdf

Enjoy!

Joe Felz Plea Destroys Disney Dan’s Deception

The Joe Felz Guilty Plea contains an explicit admission of driving under the influence of alcohol. This is an actual literal signed confession in his own handwriting. This can’t be good for the cops who conspired to drive Felz home instead of hold him to account for his actions. That would be (former?) Sergeant Jeff Corbett and former Chief Dan Hughes.

For those of you having a hard time reading that on your phone I’ll transcribe it:

“ON OR ABOUT 11-9-16 WHILE IN ORANGE COUNTY, I WILLFULLY AND UNLAWFULLY DROVE A VEHICLE UPON A HIGHWAY WITH WILLFUL AND WANTON DISREGARD FOR THE SAFETY OF PERSONS OR PROPERTY WHILE UNDER THE INFLUENCE OF ALCOHOL”.

While. Under. The. Influence. Of. Alcohol.

I need some help here because I cannot for the life of me manage to square that with the following as written by then Fullerton Police Chief Dan Hughes:

“The sergeant conducted the assessment and made the determination that the city manager had consumed alcohol, but did not meet the criteria of 23152(a) CVC. The city manager was driven home and his vehicle was towed.”

Why would Dan Hughes tell our city council that Mr. Felz did not meet the criteria of “23152(A) CVC” only for Felz, 405 days later, to rebuff him and admit to having done just that? It’s almost as if Hughes was lying to the city council and simply hoped this would go away on his way out of the door to Disney.

Let us be clear here for a minute and lay out the details as we know them:

  • No arrest was made at the scene of the crime. The police had Felz’s car towed and gave him a ride home.
  • No Citation was issued at the scene of the crime. Felz paid the bill for Sappy McTree, proof that he ran over public property, later.
  • No Breathalyzer was administered to the not-accused.
  • It was months later when the District Attorney finally filed charges.

Now ask yourself – In what world does Joe Felz admit, in his own writing on that plea deal, that he was driving under the influence if there wasn’t proof? That must be some damning video that the city refuses to release. Make no mistake here either – the city won’t release the video of the Felz incident unless forced to do so by the courts because doing the right thing is a foreign concept to our local government.

You add to that the allegations from former District Attorney investigator Abraham Santos that the DA wasn’t going to look into the possible criminal actions of Dan Hughes and his cabal of miscreants AND the current allegation that the Sergeant on the scene who administered the “Field Sobriety Test”, Jeff Corbett, was recently put on Administrative Leave over this very case and you have the makings of a conspiracy to subvert justice and engage in a cover-up.

I’ve put in records requests for the video from Felz’s “incident” and it has been denied by the city twice. Once under the old guard and once under the current crew. The legal reason for denying the release is 6254(f) for those who might want to know the minutia.

Essentially the city refuses to release the Felz incident bodycam/dashcam videos because they don’t have to? I don’t know because our City Attorney seems to pride himself on being a pompous ass.

From my conversations on and around this issue it basically boils down to this:

Joe Felz was friends with people and those friends don’t want him embarrassed by his own actions. We simple plebs who don’t live our lives feeding off of the government teat should just shut up and trust that our government is doing the right thing and that they have things under control. No evidence of this will be given because apparently in a Representative Democracy it is too much to ask for our government to prove their worth and not simply demand obedience of the ratepayers.

We will get no civilian oversight. We will get no details on the case. We will get no answers. We will get what they give us which amounts to lies and resentment coiffed in legalese. Well, that and Jennifer Fitzgerald’s sad, sad tears of sadness.

The trouble here is that the deference that is being afforded to Joe Felz to save him from embarrassment isn’t afforded to the little people who fall under the boot of our same government. Keep an eye on the F.P.D. Facebook Page if you want evidence of the double standard in place when it comes to haves/havenots. Here’s a pretty standard example of the dignity afforded to criminals not the City Manger:

FPD FB Double Standard

Joe Felz was City Manager which means the then Chief of Police worked with him and both were only answerable to the City Council. The same City Council who has all but turned a teary eye away from this whole issue. Even the illusion of City Council accountability has now changed with our new Chief’s new contract which actually delegates authority over the Chief of Police to the City Manager.

Let that sink in for a moment.

We have proof, in Joe Felz’s own writing, that he drove under the influence. We know from his payment for damages that he hit a tree. It is believed by many based upon photos from the scene that he attempted to flee the scene of the crime. We also know that despite all of this Dan Hughes decided to give him a pass on his criminal behavior despite not giving that pass to countless regular schmucks who mess up less in life. AFTER all of that our Council has not demanded public disclosure. They have not demanded any sort of oversight. And when the Contract for the new Chief of Police came up they opted to delegate their authority away to the position, the City Manger, who benefited from this very case of official corruption. This isn’t just not learning, this is doubling down on stupid.

It’s bad enough that we didn’t get anything positive out of such a terrible situation but we never even got a fight. Seemingly convinced of his own inability to sell an idea to the public or his fellow council members, even a basic idea like good government, then Mayor Whitaker couldn’t even be bothered to agendize anything even remotely relating to oversight or accountability in any facet of our city. To be fair the entire council is complicit in this problem, especially Jennifer Fitzgerald who was Mayor when the incident occurred, but they aren’t all running on their record of transparency for higher office so it needs to be pointed out.

BruceTransparency

This whole situation would be comedic if it wasn’t so pathetic and sad and infuriating.

A Trip Up and Down Memory Lane…AKA The Pine Wood Stairs.

“Pine Wood Stairs” looked a lot better in concept than in reality…

Back in May, FFFF documented the lamentable construction disaster of the Pinewood Stairs, a $1.6 million boondoggle created by City staff, whose construction defects were so bad and so plentiful that a reasonable person might even inquire about how we could get our money back. In fact, City Councilman Sebourn mumbled something about getting our money back, then said he was just kidding. Bruce Whitaker said nothing at all. On Facebook City Hall bureaucracy advocate Gretchen Cox cooked up a story about some alleged City “report” that exonerated all concerned.

Nine months have passed and I thought it might be interesting to revisit the site of the fiasco and share a visual tour to take another look.

Here’s a typical example of a project with nobody in charge and nobody who knows what they’re doing.

The caisson footings with the wood posts are almost all cracked; some of the posts aren’t even vertical. Some of the caissons are out of plumb, too.

Aspects of the construction reveal building that was cobbled together to make the contraption fit together.

 

Now, as then, the wooden rails are extremely rough and splintiferous.

Rough cut

The lack of quality workmanship, structural and cosmetic remains in evidence. And those fraying cable ends? Why, they’ve been taped! Of course the tape is falling off.

Simple things – like removing the cardboard tube form from the caissons seem to have eluded the City’s crack inspection team. Crack. Get it?

Basic design oversight problems were jerryrigged and never addressed properly at all.

Weird features that are nothing but potential for risk management headaches and taxpayer payouts are still much in evidence – like this trip hazard. Shrug, indeed.

Loose cables. Down the hill goes the toddler.

As usual, maintenance of  public property remains a challenge for the City. Loose ends are not their specialty.

How hard is it to keep a tree alive? Don’t bother asking. You won’t get an answer.

The effects of the inevitable pedestrian shortcuts betray both design and maintenance failure. It looked better on paper.

We have been assured by people who don’t know what they are talking about that everything was just grand about this grand failure; but, the evidence did and still does point to the exact opposite: a project that suffered from fundamental design shortcomings, incompetent and careless construction, a construction manager whose only function seems to have been to cash our check, and inspectors who were (and probably still are) a disgrace to their profession.

As you can see driving up Harbor, the City is now building its splendid new entry to the park – including a bridge – costing millions and accomplishing nothing but wasting park construction resources. Apart from the obvious uselessness of the project I have to wonder if it will suffer from the same dereliction that informs the so-called “Pinewood Stairs.” Nothing leads me to hope for the contrary.