SCWW: Two employees want $27M in claim filed against VC DA, Sheriff

February 10, 2016
Santa Paula News

Two defendants awaiting trial in the Santa Clara Waste Water-Green Compass explosions and fire case have filed a $27 million civil rights claim against Ventura County, alleging deliberate misconduct by District Attorney and Sheriff personnel.

The claim was filed January 28 by David Wirsing and Dean Poe as well as Poe’s family members and a daughter’s boyfriend. Their attorney Stephen Larson also called for a federal Department of Justice investigation into what was described as harassment and retaliation stemming from comments Wirsing made to DA Investigators regarding the actions of Santa Paula Firefighters called to the scene of the November 18, 2014 explosions.

At the January 28 press conference held just steps from the Ventura County Fallen Firefighters Monument, Larson said the plaintiff’s would not answer questions; the press release noted the gathering would also feature an American Civil Liberties Union representative but no one from the ACLU attended.

Poe is a company vice president and Wirsing the transportation manager.

According to the 59-page complaint, Wirsing had told a DA Investigator that SPFD personnel “based on their knowledge of the facility, should have known to wear protective breathing apparatus” when they were called to SCWW at 3:45 a.m. for the initial explosion.

Following the incident the three firefighters — who responded to the county area facility as mutual aid — went out on disability leave suffering from pulmonary and other injuries; one recently retired. The three, as well as a Ventura County Firefighter, have filed a lawsuit against SCWW.

Firefighters, according to DA investigator interviews and testimony given to the Grand Jury, were repeatedly assured by SCWW employees that there was no danger from the spill; only later an employee told a firefighter the substance was likely dangerous.

Larson said the county actions went beyond heavy-handedness and rather were, a “complete dereliction and abrogation of the constitutional rights” of the SCWW employees.

If denied by the county Larson said his clients would file a federal lawsuit.

The allegations, according to a spokesman for the DA’s Office, are false.

“We did a commendable job,” with the investigation said Chief Deputy District Attorney Miles Weiss who noted that the conduct of the DA’s Office staff with the nine defendants in the SCWW case “have all been treated the same way as others have.”

Two defendants have pleaded guilty in the case in which the others have not yet entered pleas on the array — 71 in all — of felony and misdemeanor charges stemming from the explosion and the investigation of the company.

The Grand Jury met for three weeks and interviewed almost 70 witnesses in the case, which has had delay after delay.

Weiss said the allegations by Poe and Wirsing is tied into the larger case to blur the “reality of the charges” against SCWW, its officials and managers. 

“I do think unfortunately that does happen in criminal cases,” where attorneys will use such allegations to deflect attention away from “their clients own actions.” 

Poe is accused of conspiracy to commit a crime to dispose of hazardous waste and disposal of hazardous waste, both felonies, while Wirsing is facing charges of conspiracy to impede enforcement by an environmental regulator, a felony, and interference with enforcement, a misdemeanor.

The alleged actions on the part of the county according to the complaint filed by Larson resulted from “a pattern, practice, custom or usage of retaliation against those connected to SCWW or who spoke negatively about the first responders.”

Among the complaints alleged is that two-dozen personnel, some armed and wearing protective tactical gear, awakened Wirsing’s wife and 6-year-old daughter about 6 a.m. December 17, 2014. 

The family members were ordered out of the house and into the cold in their pajamas and held under armed guard for five hours. The girl according to the complaint was detained in a SWAT armored vehicle, allegedly to calm the “traumatized” child down.

Poe, his family and a guest were forced to wait outside “in their underwear for approximately two hours in front of their on-looking neighbors,” according to Larson’s statement. 

Search warrants said Weiss were conducted “professionally” and in accordance with standards and training.

In both the Poe and Wirsing search warrants, they were authorized by a judge: “There was no forced entries of any kind and no injuries…what was depicted on the video,” made available by Larson was the approach of the DA’s tactical team that knocked on the door, “announced their presence, and required all occupants to exit the residence,” standard protocol.

“Statements made that occupants were made to stand outside for hours at a time in their undergarments and pajamas,” were exaggerated as said Weiss “Everyone was allowed reentry in about 15 minutes to get clothing and keys and were told they could leave the premises,” while the search was conducted.

The search of Poe’s residence took about 60 minutes while it took about 90 minutes to search Wirsing’s residence once investigators arrived after 7 a.m. 

“It was relatively cool outside and one of our own commanding investigators offered the girl his jacket,” and only had her sit in a patrol vehicle with her mother’s consent.

“It was an act of kindness to the young girl and her mother…”

The DA’s Office also audiotaped the searches at both residences, which Weiss said showed the “encounters were peaceful and respectful and all were treated with dignity…pleasantries were exchanged at the beginning and the end of the encounters.

“For those reasons their characterizations are grossly inaccurate and utterly fiction. The only motive I can see here,” to claim otherwise, “is to divert attention from the criminal case, 71 counts determined by the Ventura County Grand Jury. It’s a diversionary tactic…”

Larson also said his clients were subjected to strip and visual body cavity searches in a communal setting at the Ventura County Main Jail, even though they were due to be released on bail.

A spokesman for the VCSO said the Sheriff’s Office was keeping within policy, also documents encounters and denied the allegations.

Both Poe and Wirsing are alleging that the actions of the county were meant to intimidate, harass and humiliate them. Wirsing is also claiming that the “unlawful conduct” of the county agencies resulted in him suffering from Post-Traumatic Stress Disorder and a sleeping disorder.





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