Deputy’s DUI arrest leads to allegations of favoritism

November 16, 2016

Jim Fellows while employed by the SLO Police Department.

UPDATE: Sheriff’s spokesman Tony Cipolla said deputy Jim Fellows is facing a temporary suspension from the department following his trial. The department also detailed its reasons for retaining an officer arrested while on probation.

By KAREN VELIE

A San Luis Obispo Sheriff deputy was arrested after he was caught driving over 100 mph while intoxicated. Nevertheless, he was not booked into the county jail, no mug shot was taken and even though he was working under the county’s new hire probationary period, he kept his job.

On Oct. 8 shortly before midnight, CHP officer Preston Richwine clocked “a loud muscle car” going 102 mph on Los Osos Valley Road. Richwine then made a U-turn and pulled over the blue 1965 Ford Mustang.

When Richwine walked up to the window, Jim Fellows handed the CHP officer his license and San Luis Obispo County Deputy Sheriff ID card, according to the incident report. Richwine then asked Fellows to get out of his car and proceeded to remove the revolver Fellows was wearing on his side.

“The subject then began to relentlessly apologize for the speeding and related that he was just a ‘car guy’ taking his passenger on a ride and showing off,” according to the incident report.

After noticing the smell of alcohol, Richwine asked Fellows if he had been drinking. But Fellows evaded the officer’s questions and attempted to change the subject.

“He then became very frustrated and continued to relentlessly apologies for the speeding,” according to the incident report. “He was also evasive and would only answer my questions with an apology or repeat the fact he was only showing his passenger what the car could do.”

After the interview went into a more “cooperative direction,” Richwine asked Fellows to take a breathalyzer test. Fellows blew a .15 on the PAS test, almost double the .08 threshold for driving while intoxicated.

Generally, drivers who have a blood alcohol of .15 or higher are booked into the county jail, but Fellows was cited for driving under the influence and released to a friend to take him home. In some cases where the CHP is dealing with multiple calls, such as a Saturday night, officers will cite and release because of logistic concerns, said Lt. Mike Brown.

“Everyone is held accountable and it doesn’t matter if you are law enforcement or not,” Brown said. “The officer who made the arrest had not met this gentleman before.”

Before going to work for the sheriff’s department about eight weeks ago, Fellows had worked as a San Luis Obispo police officer as part of the Community Action Team.

New hires at the sheriff’s department are required to serve a 12 months probationary period in which the sheriff’s department determines if the new hire meets the department’s standards.

In most cases, getting arrested for a DUI during the probationary period will result in termination. However, Fellows spent several weeks on paid administrative leave while internal affairs conducted an investigation, sheriff spokesman Tony Cipolla said. He was then released back to work.

Cipolla said after his DUI case makes its way through the court system, Fellows faces further suspension as part of the disciplinary process. As for why Fellows retained his job even though he was on probation, Cipolla said each improper conduct incident is looked at “on a case by case basis.”

“Deputy Fellows was in fact employed for a short time, however had been an employee for more than 20 years in law enforcement, without prior such conduct, no disciplinary actions taken against him and an exemplary record,” Cipolla wrote in an email. “Based on the circumstances, he has been suspended for 30 days without pay and placed on a last chance agreement, which essentially extends his probation for three years.”

In California, an enhancement is required to be added to a DUI offense if it is demonstrated that the defendant was driving recklessly on the roadway at more than 20 mph over the speed limit. Richwine clocked Fellows driving 47 mph over the posted speed limit. It will be up to the court to determine if Fellows was driving recklessly.

Fellows is slated to be arraigned on Nov. 22 at the San Luis Obispo County courthouse.


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CORRECTION:


Sheriff Ian Parkinson

I have a friend who is a first time offender who blew .082 after being stopped for a “California stop on his way to his motel room about 2 miles from the rodeo grounds.” He had his 10 year old son in the car with him.

He is going to do 30 days in county jail and his ticket will most certainly cost him thousands of dollars…


Jim Fellows being a San Luis Obispo Sheriff deputy should loose his license and his BADGE…


Sheriff Ian Parkinson

I have a friend who is a first time offender who blew 8.2 after being stopped for a “California stop on his way to his motel room about 2 miles from the rodeo grounds.” He had his 10 year old son in the car with him.

He is going to do 30 days in county jail and his ticket will most certainly cost him thousands of dollars…


Jim Fellows being a San Luis Obispo Sheriff deputy should loose his license and his BADGE…


CORRECTION:

He blew point .082


What am I failing to see here? Either current standards apply to *ALL licensed drivers* or standards are only make believe. This “fellow” made a conscious decision to drink and drive AND to take his passenger along for the thrill of riding in a super cool 1965 Ford Mustang. Fellows CHOSE to not only endanger his own life, but the life of his passenger (male/female/minor/adult) and other drivers on LOVR. Here’s a definition of RECKLESS DISREGARD: “An act of proceeding to do something with a conscious awareness of danger, while ignoring any potential consequences of so doing. Reckless disregard, while not necessarily suggesting an intent to cause harm, is a harsher condition than ordinary negligence.” Fellows’ actions could also be classified as RECKLESS ENDANGERMENT…you decide. Given that Fellows was pulled over by CHP Officer Richwine on October 8, prior to the recent passage of Proposition 57, it remains to be seen how the State of California will view his inebriated condition. Downgrade to nada? Hopefully not.


While I’m relieved no one was injured while Fellows was “horsing around” with his prized Mustang, we have seen far too many serious accidents and fatalities on our County highways directly tied to intoxicated drivers. To Jim: WHAT WERE YOU THINKING? WHAT HAS THIS TAUGHT YOUR CHILDREN?


Is anyone else concerned that he was cited and released at the scene…..he drove home with a .15 WTH??


Karen, was he also cited for 100+MPH in a 55 zone. And reckless driving?


And for packing a loaded firearm while drunk I would hope.


Nothing new. This happens more and more in this country. There are laws for the haves and laws for us have nots.


Heads need to roll on this one, at two


So let me understand this. Doing 100+MPH, driving with a .15 BAT, the CHP does the minimal, and this guy keeps his job. Ian you should be ashamed!!! Is this cop above the law? Remember Bolts, Hedges, Solomon? Is there any question why I no longer trust the Sherriff or his predecessors. Ian your an embarrassment to the blue line. Cops have lost respect in the county, the blue line is damaged, and your to blame. Shame, shame , shame…..


“Fellows spent several weeks on administrative leave” paid leave??? Thanks Union, it’s only taxpayer money.


Here we go again


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