Sheriff’s Deputy Cleared Of All Charges Involving Tow Truck Driver Threats

A San Bernardino County sheriff’s deputy was cleared today of all charges stemming from an alleged off-duty assault on a tow truck driver near Eagle Mountain.

It was the second trial for Richard Heverly, 43, of La Verne, who was acquitted of charges of assault with a semiautomatic firearm, assault by a public officer, making criminal threats and false imprisonment.

His first trial in April ended with a deadlocked jury.

Today’s verdict came soon after Riverside County Superior Court Judge James Hawkins agreed to replace a panelist who, according to the jury forewoman, would not participate in deliberations, leaving the panel deadlocked 11-1.

Deputy District Attorney Amity Armes asked the judge to replace the juror because “she is not comprehending the court’s instructions and she’s not following them.”

Armes pointed to a note sent by another panelist last Thursday, indicating that juror number two had “some kind of mental or medical issues.”

Heverly’s attorney, Michael Schwartz, contended that although other members of the panel indicated the juror “was not too bright,” the only reason the prosecution wanted her removed was “she is most likely for a not- guilty verdict.”

After hearing the arguments on both sides, the judge excused the juror and replaced her with an alternate, forcing the reconstituted panel to begin its work anew. After another hour behind closed doors, the jury emerged with a verdict.

Members of the panel congratulated Heverly on the way out of court, and some of them shook his hand.

Heverly chose not to comment, but his wife, Mesha, said she was grateful her husband was acquitted.

“I’m glad the jury made the right decision, and I thank God for it,” she told City News Service.

Heverly’s attorney said the jury realized his client was following the law.

“He went by what he was trained. That means he worked within the confines of the law,” Schwartz said.

The prosecution had a different take.

“We saw his actions as criminal, but the jury saw it differently and we have to respect their decision,” said district attorney’s spokesman Michael Jeandron.

Heverly has continued working for the San Bernardino County Sheriff’s Department since his arrest. Schwartz said the department looked into the allegations and allowed the deputy to keep working.

The prosecution alleged that the defendant, while off duty, put a gun in Roger Gilstrap’s ear on Aug. 10, 2008.

Armes said Heverly became angry when Gilstrap blocked the right lane of traffic on Interstate 10 near Eagle Mountain with his tow truck because a big rig was on fire.

Gilstrap, who was on a cell phone with a California Highway Patrol dispatcher, ignored the deputy’s orders to move the truck, prompting Heverly to go to his truck, grab his pistol and threaten the driver.

She said the deputy — who worked in corrections and had never made an arrest before — backed off when emergency vehicles began to arrive.

Heverly’s attorney argued that his client was trying to do his job when he gave Gilstrap orders, which the driver ignored. Schwartz said deputies are allowed to use weapons “as a tool to gain compliance.”

The attorney also pointed to discrepancies between Gilstrap’s recollection of the events and what other witnesses saw.

Heverly could have faced up to 19 years in prison if convicted.