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Deputy gets new lawyer in DUI case

Published: Tuesday, Sep. 2, 2008 - 12:00 am | Page 2B

It's been nearly 11 months since an off-duty Sacramento County sheriff's sergeant was allowed a ride home without being arrested by a Roseville policeman on suspicion of drunken driving.

When top officials at each agency found out about the incident, the case of Sgt. Christopher D. Guerrero was investigated, and he was charged with driving under the influence.

The case has gone through delays in the Placer County court system, largely because Guerrero was unable to pay his first attorney, who asked to be released as counsel.

According to documents filed in Placer Superior Court by the attorney, Joseph Hougnon, Guerrero told him he was suspended for 120 days without pay by his department following the incident.

A judge granted Hougnon's release from the case in May, and Guerrero has a new attorney and a trial date of Sept. 26.

However, there is a chance the trial could be postponed because new attorney Michael Bowman said he will be involved in a murder trial that may go past Sept. 26.

Bowman said he will do everything he can to make sure Guerrero's trial starts on time.

"But I can't be everywhere at once," he said.

The prosecutor in the case is Placer County Deputy District Attorney Kyle Jibson.

In a written motion filed with the court earlier this year, Jibson said he has four Roseville policemen ready to testify against Guerrero.

He also plans to call a Sacramento County sheriff's officer and at least one expert from Valley Toxicology in West Sacramento as witnesses.

One of the allegations in the complaint against Guerrero is that he was driving with a blood-alcohol level of 0.16 percent, twice the level at which a person is considered legally intoxicated in California.

The complaint alleges that Guerrero's blood-alcohol reading was made 19 minutes after he was pulled over by the Roseville police officer at 12:45 a.m. Oct. 4 on Douglas Boulevard near Harding Boulevard.

In an interview with The Bee in October, Roseville Police Capt. Stan Lumsden said a second vehicle containing two off-duty Sacramento County sheriff's officers stopped about 30 yards behind Guerrero and the unnamed Roseville officer.

Lumsden said the two yelled at the officer not to arrest Guerrero, using the word "war" to imply a future relationship between their department and Roseville police, he said.

The Roseville officer gave Guerrero a field sobriety test, which included a breath analysis, and then allowed a person at a nearby gas station to give Guerrero a ride home.

Lumsden said the officer may have felt pressure from the other officers but was expected to perform his duties.

The Roseville officer was investigated by his department, which declined to comment on any disciplinary action, citing the confidentiality of personnel records.

Sacramento County Sheriff's Sgt. Tim Curran said Guerrero and the two off-duty officers who yelled at the Roseville policeman were disciplined by the Sheriff's Department after an internal investigation.

Curran declined to give the extent of those actions because he said they are considered personnel matters.


Call The Bee's Art Campos, (916) 773-2825.


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