Calif. Police Department Cited in Officer's Fatal Shooting

City and sheriff’s officials responded after California’s workplace safety agency issued citations in regard to the shooting death of Marysville Police Officer Osmar Rodarte, who was killed seven months ago while serving search warrants as part of a multi-agency investigation into a drug trafficking ring.

The city of Marysville, which will appeal the state citations, said its police officers undergo training to maximize effectiveness and safety. The Yuba County Sheriff’s Office had a more strongly worded response, calling the state citations “unprecedented and unfounded.”

“Following this tragic incident, many very experienced, highly trained Law Enforcement investigators spent countless hours looking into all facets of the incident, including tactics, equipment, planning and training,” the Sheriff’s Office news release said, in part. “California Law Enforcement agencies should take notice of this case as it sets a dangerous precedent for unfocused oversight by a state entity that has little to no knowledge in regard to public safety and law enforcement.”

The California Division of Occupational Safety and Health, or Cal-OSHA, issued the citations in regard to the law enforcement operation in which Rodarte was killed in an exchange of gunfire with suspect Rick David Oliver, who also died in the March 26 shootout at his Olivehurst home in the 1700 block of Kestrel Court.

The Sacramento Bee on Friday obtained copies of the citations from the California Department of Industrial Relations, which oversees Cal-OSHA. The citations proposed a total of more than $153,000 in penalties against the Marysville Police Department.

The Cal-OSHA citations included inappropriate body armor that didn’t fit correctly and didn’t protect against gunshot wounds to the abdomen; failure to establish effective SWAT entry training; failure to provide ballistic shields; failure to react to concerns raised by officers about how the operation was being conducted; and failure to arrange proper rescue or medical response.

DA deemed police shooting justified

Yuba County District Attorney Clint Curry announced earlier this month that his office deemed that law enforcement officials were justified in using deadly force and that his prosecutors will not file any criminal charges in connection with the shooting deaths.

The decision not to file charges exonerated Yuba County Sheriff’s Office Sgt. Daniel Trumm, the surviving officer who also fired rounds at Oliver, who was shot to death in a bedroom.

The Yuba-Sutter Officer-Involved Shooting Team, made up of law enforcement officers from both counties, investigated the shootout and submitted its report to Curry, who concluded that Rodarte and Trumm acted in self-defense when they fatally shot Oliver.

The District Attorney’s Office released video from body-camera footage and new details about what happened in the moments leading up to the close-quarters shootout.

On the day of the deadly shootout, investigators had served warrants were served in Sutter, Yuba, Tehama and Butte counties. The enforcement operation led to 20 arrests in an investigation led by Net-5 — a Yuba- Sutter drug and gang task force — and the DEA. Authorities were investigating a suspected family-run drug ring moving hundreds of pounds of drugs from Mexico to street-level dealers in Northern California.

Investigators served one of 20 warrants that morning at Oliver’s home as part of the yearslong investigation. Authorities said toxicology results showed that Oliver, a suspected low-level drug dealer, had levels of methamphetamine in his system more than 10 times the amount linked to hallucinations and violent behavior.

Bodycam video taken inside the police Bearcat vehicle on the way to Oliver’s home showed Rodarte armed with an assault rifle, helmet and body armor vest with “rifle-rated plates,” Curry said. The tactical vest’s length stopped short of his lower stomach area, where a single hollow-point bullet struck Rodarte.

Rodarte’s death marked the first for a Marysville peace officer in more than a century and brought a wave of public sympathy and support from the Yuba County city of about 12,000.

Marysville Police Chief Christian Sachs, who called for tougher laws after Rodarte’s death, announced his retirement weeks after the deadly shootout.

“The loss of one of our officers in the line of duty shook me to my core, and in the days that followed, I gave serious thought to stepping away,” Sachs said in a written statement announcing his retirement. Sachs had worked for the Police Department for about 24 years, and he had led the police agency for more than seven years.

“The City of Marysville continues to mourn the loss of our fallen officer and remains steadfastly committed to upholding the highest operational standards in all law enforcement activities,” city officials said in their response to the Cal-OSHA citations. “Our personnel undergo comprehensive training designed to maximize both operational effectiveness and officer safety in the performance of their duties.”

City officials declined to say anything more about the citations, because they said the matter represents ongoing litigation.

The Sheriff’s Office said it prides itself on meeting and exceeding industry standards in training and protective equipment for its personnel; standards set by the California Commission of Peace Officer Standards and Training, the National Institute of Justice and long established policy, procedures, and guidelines for law enforcement action.

“This regulatory overreach by the State of California not only diminishes the heroic actions of our peace officers but also diverts responsibility from the murderer whose actions resulted in this tragedy,” according to the Sheriff’s Office’s response to the Cal-OSHA citations.

The Bee’s Jake Goodrick contributed to this story.

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