Deputy’s DUI arrest leads to allegations of favoritism

November 16, 2016

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.