Friday, September 03, 2004

Truth is, the DA ain't investigating rangers in pepper spray case

Point Reyes National Seashore Supt. Don Neubacher surprised the more than 200 people at last week’s community meeting by saying he’d asked the District Attorney’s Office to conduct its own investigation in the July 28 incident when two rangers pepper-sprayed a brother and sister, 18 and 17, from Inverness Park.

The DA’s Office this week told The Light that what the public and press understood Neubacher to mean was not accurate.

The community meeting was called after many West Marin residents were angered that the rangers – off park property in Point Reyes Station – pepper-sprayed the siblings in the eyes repeatedly although both were restrained.

Neubacher told the meeting that not only was the Park Service conducting an internal investigation into the rangers’ behavior, but the National Seashore had also asked the DA to conduct its own investigation. The park superintendent added that he hoped both investigations would come to the same conclusion.

Assistant DA Ed Berbarian, however, told The Light this week, "There has been no request from the National Park Service for an investigation with regard to the conduct of their rangers nor have we self-initiated any such investigation."

Instead, the National Seashore has asked his office to look into whether there was enough evidence to charge someone in the public with resisting arrest. He added that the DA’s Office does not deal with anyone under 18. The Park Service, he said, had directly asked the Juvenile Probation Department to see if charges could be brought against a juvenile.

Wynn Miller, the teenagers’ mother, on Monday told The Light that Juvenile Probation has now notified Jessica that it is considering whether to charge her with resisting arrest, a misdemeanor.

Who is preparing the information for the DA and Juvenile Probation to review? The county will "review evidence presented by the National Park Service," assistant DA Berbarian replied....

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