Front Page  »  

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.


Loading...
Subjects:                 
Related:


81 Comments
Inline Feedbacks
View all comments

I know someone that was blinded by the sun going around a curve had an accident was in a comma for 12 days.their BAT was .05 150 days ln jail PC 178.a. Now they want to charge him with felony not reporting an injury accident within 73 hrs even though he was in a comma. CA justice


0

Exemplary record in law enforcent or not, this does reflect poorly upon law enforcement and the individual responsible to uphold the law, who chose to break the law. Legally drunk and driving over 100mph with a passenger is negligence that needs to be punished!! What reflects most poorly are the decisions made to provide special handling by not taking a mug shot of him while intoxicated, and not giving him the same experience everyone else gets. Getting arrested and going to jail is part of the consequence of these poor decisions and it serves as a deterrent to continued criminal behavior! The law should apply equally here in all aspects or there will not be enough incentive to keep those who are trusted to faithfully enforce the law, to abide by the law.


1

mej:


A probationary employee can be let go at anytime during their one year probationary period without cause.

The San Luis Obispo County civil service system has a whole list of rules for which an employee can be disciplined or terminated. Among these rules as failing to follow the law for bringing discredit upon the county by one’s behavior or action.

So the sheriff doesn’t really need to wait for Mr fellows criminal case to conclude he can terminate him today for failing to follow County Civil Service rules on Behavior.

The deputies tell me that there are separate rules in the sheriff’s department regarding behavior and requiring employees to follow the law at all times. The deputies said that as soon as an allegation of misconduct was made that the sheriff would order an internal affairs investigation and upon the conclusion of the investigation, regardless of whether a criminal conviction was ever obtained, the sheriff could terminate an employee for violating department policies.

The depuries are saying that Fellows is a close friend of the sheriff’s from their time together at San Luis PD and that the sheriff specifically hired him over other people to bring him in to run the new Community Action team. The deputies say he is essentially Untouchable because of this and will never be fired for anything.

As for the rank and file deputies they tell me they have seen through Sheriff Parkinson and his “favoritism” they would like him to go away at the end of his term.


0

Actually, I believe SLO County might only have a six month probation, and they can fire you for any reason during that time. So really, why is this guy even there still? He has ZERO credibility now.


0

I think many people jumped to conclusions on this incident. There was no need for a mug shot as law enforcement already have those shots in file as well as fingerprints and other information. With the overcrowding of the jail, not all misdemeanor criminals are booked into jail. Be pragmatic people. If he were in jail, he would have to be in private rooms at all times. Think of the burden for the jail personnel. Except for the joy of having an officer in jail, there would be no benefit to locking him up for an hour. Remember a person suspected of a crime is innocent until proven guilty, so the Sheriff cannot just fire him. Due Process people.


Law enforcement are like others. One officer behaving badly does not reflect on the rest. SLO county is so fortunate to have Sheriff Parkinson and our wonderful deputies. Let’s not make accusations out of the facts presented in the story.


-1

Oh, so we excuse a police offer of the indignities of booking or the real possibility of facing those he or she may have arrested for the same f**cking thing? Jeeeez….


Their mug shot should be pasted on the front page of every local news agency, just like the normal citizen arrested would be subject to if the city or county utilizes that approach.


Don’t give ’em a private cell, let ’em walk amongst his real peers! Let him or her feel the contempt that folks like me feel from folks like you! And if they get beat up? So f**cking what! Let ’em get what they all to often give…


Your type of “pragmatism” is just a ruse for “business as usual” and does nothing but strengthen the notion some of these folks have that because they are the law they don’t have to follow it….


I was in the reception center at the Richard J. Donovan Correctional Facility working at Receiving & Release as a clerk when L.A. Police Officer Rafael Pérez came through (he was involved in the Rampart Division debauchery). It was an absolute joy to watch the fear come over this piece of s***’s face when he got off the bus and realized where the hell he was. It was absolutely hilarious when a Correctional Officer walked up to him and called him a piece of sh** and then slapped him upside his head…. Not one word did he say and he cried….


0

I’ll try and address your post.


First, I don’t call for excusing this officer. I hope he gets fired.

Second, his picture was posted all over everywhere. Mug shots are not to humiliate anyone, instead they are to record someone’s physical features. Law enforcement already have this officer’s photo. New one not needed.

Third, The private cell is something that is done for the safety of everybody. Child molester, snitches, retired gang bangers, some mentally ill, and police officers are separated when in custody. This reduces the load on the system.

Fourth, Repeat on my First, I hope he gets fired. I’m just not going to have an emotional reaction.

Fifth, “slapped him upside the head” So you call for police violence against inmate? Hmm


My original post was not in defense of this officer. It was at attempt to ask people to consider other possibilities than the Sheriff’s Office is corrupt and this officer got special treatment. I don’t think they are and I think Ian Parkinson and the majority of his deputies are heroes. This officer is going to have to answer for what he did. I am sure of that.


0

Yet, he has gotten special treatment! He was intoxicated and wearing a revolver on his side, driving 100+ mph, had a passenger in his car, on a dangerous road, is a veteran local Police Officer with a “exemplary” 20 year record , a personnel friend of Ian Parkinson (a former captain with the SLO Police Dept), when stopped hands the CHP Officer his license and Sheriff’s ID card, and you do not think he got special treatment.


I have no problem with him being released to a safe driver nor going to jail. I have a very serious problem with his future employment with the Sheriff’s Department, especially considering the position he was hired.


Ian Parkinson, do the right thing and terminate your personal friend from his employment with your department as this seriously impacts your decision making and cronyism. Do the right thing for the people who hire and trust you and your leadership and not for your friendship.


0

Let’s get this straight…. he was not a convict nor an inmate, he was a cop! So cop on cop violence was just fine with me! The more time they spend beating on one another is less time spent on “us”.


The booking process is not just for the current and future identification of an individual it is also the first step in dehumanizing the suspect and “informing” him or her they are no longer in control. It is also more than a mug shot; it is the taking of fingerprints, de-lousing (yea, that still happens in some county jails and most prisons), checking for contraband and weapons, changing out from street clothes into jail garb and usually where the suspect gets his or her first hint of what they are being charged and if bail will or will not be given. But it’s primary function is to inform the person he or she has f****ed up and IT IS serious! So, who better than a criminal cop to emphasize this with and what better method to start with than the booking process?


As far as “reducing the load on the system”. Hog wash! Make room for this guy in general population and any other cop like him and the “system” you speak of will be far better off!


0

Not only is this a case of waste, fraud, and abuse, it represents corruption, complicity,dereliction of duty and conspiracy, while endangering the general public.

The driver should have been charged with DUI, exhibition of speed, reckless driving, and subsequently arrested.

There comes a time when these government fraternal agencies stop crossing oceans to help their own, who wouldn’t help the rest of us cross a puddle.


0

The DAs office will charge this officer with DUI, and all the other things you listed. Going to jail vs. being cited out have nothing to do with being charged. It has more to do with: space at the jail, stability of the arrested, likelihood the arrested will appear, another stable citizen to pick up offender.


I’m trying to figure out where all of your accusations are coming from?


0

From the simple fact that if had been you, or me, we would, without any question, have been arrested and jailed…period. It’s time to end this unnecessary double standard when justice is applied..


0

So now we know why Officer Fellows had no concerns while driving over 100mph, drunk, down a county road, with a passenger, likely passing many unsuspecting drivers. He knew nothing substantial would happen to him if caught, likely even if he had caused an accident, or possibly even killed someone, a measly 30 day suspension, no real risk to his income, no risk to his salary or pension, ability to retire, likely soon, at full or even higher pension than when working. Now we also know why he is smiling in his above picture. Again, I’m guessing his retirement is not far off.


0

Again thanks Sheriff Parkinson, your retirement in SLO county needs to come soon if us “regular” folks expect to be protected from your reckless officers. Perhaps a new sheriff would do what needs to be done and fire reckless officers, only a matter of time when something worse happens with Officer Fellows or another officer when they know nothing will happen to them when they break the law.


0

The only thing that could be worse would have been if he had hit someone. Would he still get the same light treatment? Oh probably.


And people wonder why those of us who work in the private sector and fund our own retirements complain about these things: he has 3% of his highest pay multiplied by the number of years he worked for his retirement, for which he is eligible at age 50. So with 20 years experience in SLO PD, making at least $100,000 a year, times (3% X 20) or 60%, he is pulling in at least $60,000 a year from SLOPD at age 50. That is $5000 a month forever, plus COL, courtesy of SLO city taxpayers. And now he wants to work for the county and get a county pension too? Sorry I don’t think you’re worth it! You should be canned immediately.


And as for the allegation that he has a clean record, why should any of us believe that knowing how law enforcement covers for its own?


0

According to Transparent California, a retiree who worked as an Assistant Chief and gets from the police and fire retirement fund, receives a total pension and benefit package of $1,181,309. Closely behind his pension and benefit package are other individuals being paid from the police and fire retirement fund. Look up how much public employees get paid and their retirements at the following link.


http://transparentcalifornia.com/pensions/all/


0

Corruption and cronyism in the SLO County Ol Boy Clique?????? It cannot be.


0

Standing in front of the Old Mission, Mr. Fellows sort of looks like that jerk deacon at the Mission. Any relation?


0
1 … 3 4 5 6