2 Riverside police sergeants were convicted of crimes. One got fired, the other kept his job. Why?

Christopher Damien | Palm Springs Desert Sun

Show Caption Hide Caption 80 California law enforcement officers are convicted criminals An investigation by multiple California newsrooms found 630 officers were convicted of a crime in the last decade.

This is a tale of two police sergeants, Matthew Cash and Benjamin Shafer.

Both men worked for the Riverside City Police Department. Both men were charged with multiple felonies in separate domestic violence incidents in 2015 and 2016. Ultimately, both men pleaded guilty to misdemeanors.

One officer eventually had his conviction expunged — but was fired, and hasn't been able to get his job back. The other officer's efforts to have his criminal record expunged have been denied — yet he remains on the police force.

And while the police chief overseeing the matter retired in September, the man who has been named acting chief is one of at least four other officers currently employed by the department convicted of driving under the influence.

Convicted cops across California

Cash and Shafer are among 630 cops across California who were found guilty of crimes between late 2008 and July 2019. Of those, 170 were litigated with little public awareness.

The hundreds of convictions were revealed by a statewide journalistic collaboration led by UC Berkeley's Investigative Reporting Program. The collaboration, which includes The Desert Sun, was established after two reporters obtained a list from the California Attorney General’s Office that indexed thousands of police officers and applicants for police jobs who had been convicted of a crime in the past decade. The attorney general's office has said the list was released inadvertently.

Over the past eight months, reporters have pored over thousands of names on the list to research the criminal charges and outcomes, confirming the convictions of 630 officers.

This research shows:

Of the 630 convicted cops in the database, 111 kept their job for at least a year after their conviction.

Driving under the influence was the most common offense, followed by domestic violence and assault.

Of the 84 cops accused of domestic violence, 28, or 36%, pleaded their charge down to nonviolent misdemeanors and got to keep their guns.

Of the 167 cops charged with at least one felony count, 72, or 43%, were able to plead down to no worse than a misdemeanor conviction.

The Desert Sun found there are at least five officers currently employed by the Riverside City Police Department who have criminal convictions. Four were convicted of misdemeanor driving under the influence, including the department's temporary top cop, Larry Gonzalez.

Gonzalez, who became interim chief in September, pleaded guilty to misdemeanor drunk driving charges in 2013. Gonzalez was cited for the offense by his own department. He was sentenced to one day in jail, wore an ankle bracelet for 15 days and served three years probation before getting his conviction dismissed in September 2016.

But Riverside City Police Department's tale of two sergeants shows that in recent years, the department Gonzalez is now running has not handled convictions of its officers consistently.

Sgt. Benjamin Shafer got into trouble with the law in 2015, when he had an altercation with his stepson. The teenager and a friend were driving Shafer's vehicle and were involved in a minor collision. The stepson told investigators from the Riverside County Sheriff's Department and District Attorney's Office that Shafer hit him in the face, body-slammed him on the hood of a car, and leg-swept him as he attempted to run away.

Initially, Shafer was charged with felony child endangerment and assault by the district attorney. Ultimately, he was convicted of misdemeanor child endangerment. He continues to work as a sergeant for the department.

In two separate incidents in 2016, a woman reported that Sgt. Matthew Cash had physically abused her during arguments. In one case, officers from the Riverside City Police Department were dispatched to a hospital where the woman was being treated. In the other, officers were dispatched to Cash's home in Riverside.

Cash lost his job weeks after the second arrest — and before he was even charged. The district attorney initially charged Cash with two counts of domestic corporal injury and one count of assault, all felonies. Ultimately, he was convicted of misdemeanor false imprisonment.

The disparate treatment for Shafer and Cash illustrates how police discipline can be inconsistent and how departments often handle such situations behind closed doors.

In trying to get his job back in an arbitration hearing, Cash actually cited the lack of publicity surrounding his conviction as a reason he should be rehired.

After 2 arrests, Cash is quickly fired

On March 15, 2016, Riverside City police officers were dispatched to a Riverside hospital to interview a possible victim of domestic violence. The woman told the officers that she had gotten into a fight with a man she was dating and suffered several bruises and scratches.

The department refused to release the original incident reports to The Desert Sun, saying they were part of a criminal investigation file not open to the public. A summary of the incident report, created by the department in response to The Desert Sun’s inquiry, shows that officers arrested Cash at his home in Riverside and “cleared the house of all weapons for safekeeping.”

Riverside County Sherrif’s Department records show that Cash was booked into jail on the same day and released within hours. There is no record of any charges being filed in the March incident.

On June 27, 2016, officers were called to Cash’s house just after midnight. A woman stated she and Cash had gotten into a fight, she suffered a “small cut, a small abrasion, and had complaints of pain,” according to the department summary. The woman is identified in court filings, but The Desert Sun has chosen not to name her.

Jail records show that Cash was arrested and released the same day.

On July 14, 2016, after 15 years of service, Cash was fired from the Riverside City Police Department for violating its ethics code.

In August 2016, Cash was charged with two felony counts of inflicting corporal injury and one felony count of assault. District Attorney Mike Hestrin also charged Cash with committing a felony while on bail from his first arrest in March.

Ryan Railsback, a spokesperson for the Riverside City Police Department, said that Cash was investigated internally soon after the March incident.

About a year after he was fired, Cash pleaded guilty on June 14, 2017, to misdemeanor false imprisonment. The felony charges were dismissed. He was fined about $150 and never spent more than a day in jail between his two arrests.

Cash seeks to expunge his conviction

A few months after pleading guilty, Cash completed 13 Alcoholics Anonymous meetings. He filed letters with the court showing 37.5 hours of community service — 29.5 with a nonprofit that provides food and resources for the poor and another eight hours with the Riverside Police Officers’ Association, the union that represents the officers from his former department. And by the end of 2017, Cash had completed 20 hours of individual anger management sessions with a psychotherapist, court filings show.

“At all times, he arrived early, participated fully and with a sincere interest in gaining an understanding of the circumstances that led to his legal situation,” wrote Craig Clark, Cash’s psychologist. “And, in my judgment, he presents no danger either to the public or others in his personal life.”

Even before he pleaded guilty, Cash had begun appealing his termination. But the city was not going to reconsider. Miriana Gonzalez, deputy human resources director for the City of Riverside, wrote to Cash’s lawyer in February 2017 saying that the termination would be upheld.

“The Grievant’s behavior and possible engagement in criminal activity is clearly against the values of the Riverside Police Department which is unacceptable by the City and will not be tolerated,” Miriana Gonzalez wrote in a letter to Cash’s attorney on Feb. 14, 2017.

On June 11, 2018, a year after his guilty plea, Cash filed a motion to expunge his criminal conviction. People convicted of crimes seek expungements, also known as dismissals, to clear them of the requirement to disclose their conviction to potential employers or when seeking certain professional licenses. A judge ultimately decides whether to dismiss a conviction by considering details such as whether the person has completed his or her probation or served time in prison.

In July 2018, Riverside County Superior Court Judge Jacqueline Jackson signed a judicial review with a note: “No Response from DA.” The case summary shows the motion to dismiss was granted.

The district attorney's office did not weigh in. Asked by The Desert Sun why this was the case, John Hall, the office's spokesman, said only: “Our office did not provide a written response to the court regarding the defense’s petition for dismissal.”

With his record expunged and little, if any, public knowledge of the incident leading to his termination, Cash told the court he deserved to be reinstated to his police job and sought a hearing to present his case.

When city officials argued that rehiring him could damage the public's trust in the department, Cash attempted to dismiss the concern by arguing the public didn't know he was convicted, according to the arbitrator, Sara Adler.

“Grievant acknowledges that he used poor judgment in the two incidents, but in light of his long and excellent service and the absence of any public knowledge of his misconduct, he should have received lesser discipline consistent with two other officers with misdemeanor convictions who have been retained (and, in one case even promoted) by the Department,” Adler wrote.

Michael Morguess, Cash's lawyer, said he would not comment on anything Cash said in the hearing with Adler because he was not Cash's lawyer at the time. Saku Ethir, who was Cash's lawyer at the time, said she would not comment because she is no longer his lawyer.

Ultimately, the arbitrator determined that the department had just cause to discharge Cash.

“The type and extent of the misconduct reflected in these incidents cannot be mitigated by Grievant’s years of excellent service in a profession that requires its members meet a high standard of consistently good behavior, especially for one who was in a leadership position,” Adler wrote.

Cash is still fighting for his job. In a motion now pending in Riverside Superior Court, he argued that he was not properly informed of Adler’s ruling, the investigation was biased and his termination amounted to excessive punishment.

Railsback, a spokesperson for the department, wouldn’t say much beyond that Cash no longer works for the department, citing the department’s policy against commenting on open litigation.

Cash did not return multiple calls from The Desert Sun seeking comment.

Shafer arrested after argument with stepson

About six months before Cash's first arrest, Sgt. Benjamin Shafer had his own run-in with the law.

According to a warrant for his arrest, Shafer lost his temper on Sept. 7, 2015, after his teenage stepson allowed a friend to drive Shafer's car and got into a "minor accident." According to a small-claims suit that Shafer would later file against the parent of the juvenile who damaged the vehicle, he was "driving recklessly on a dirt road" when the single-car collision occurred.

Shafer's stepson told investigators from the Riverside County Sheriff's Department that Shafer hit him in the face and body-slammed him on the hood of a car when he told Shafer about the damage to the vehicle. After the teen got away from Shafer and went into their Lake Matthews home to pack some things to leave the residence, the teen told investigators that Shafer had hit him, grabbed his neck, slammed him against a door frame, and threw him out of the house. He was taken to Riverside Community Hospital's emergency room for treatment.

There were five witnesses to the incident in the front yard, according to the warrant: the victim's sister, his mother, his brother, his wrestling coach and a member of his wrestling team.

One of the people present confirmed the account of the incident presented in the arrest warrant. He said the incident was disturbing and questioned why Shafer was still employed. The Desert Sun agreed not to identify the person as he is concerned about retribution from the officer and the department.

On Dec. 11, 2015, Shafer was charged with one count of felony child endangerment and felony assault likely to produce great bodily injury. Railsback, the department's spokesperson, said that Shafer was investigated according to the department's policy and was placed on paid administrative leave during the course of the investigation.

Kevin Beecham, the prosecuting attorney, wrote in an email that it was his opinion that Shafer's was "most definitely not a felony-type case." Beecham said the victim did not sustain serious injuries and later "minimized the abuse" at Shafer's preliminary hearing.

Eight months later, Shafer pleaded guilty to misdemeanor child endangerment. He was ordered to complete 12 months of parenting classes by September 2017, but he never did.

Shafer filed for a dismissal of his conviction, but it was denied by the DA's office in September 2017. Supervising Deputy District Attorney John Henry wrote that the defendant has "not provided evidence that interests of justice are served by granting relief."

According to the department policies Railsback provided, when an officer is accused of a crime, the chief is notified and an administrative investigation, separate from the criminal one, begins. The findings of the administrative investigation are confidential, according to the department's policies. Railsback said by phone that Shafer is currently working a patrol assignment in the City of Riverside, but would not say when he was taken off of paid leave.

'I'd like to know what an officer has done'

According to a public record request submitted by The Desert Sun to the Riverside Community Police Review Commission, Cash and Shafer do not have any community complaints about their conduct while on duty.

The department provided only brief responses when asked about the employment of officers with criminal convictions. It cited department policy and state law that make officer personnel files confidential. While a criminal conviction is a matter of public record, the department claims that these laws prevent them from disclosing the details of the internal investigations related to the criminal convictions, even if they resulted in the officer being terminated.

Adam Wedeking, a community organizer for the Inland Congregations United for Change (ICUC), said the discrepancy in the way convicted officers have been treated is concerning. ICUC is a member of the Riverside Coalition for Police Accountability, an informal police watchdog group working in the area for 20 years.

"It's really disturbing, especially when you hear about officers being automatically dismissed with little or no public knowledge," Wedeking said.

With the city currently hiring for the next top cop, ICUC is working to ensure that the next police chief is committed to transparency. Wedeking said it is important that the next chief is open about police misconduct and criminal convictions of officers.

"I'd like to know what an officer has done," Wedeking said. "Whether I feel safe or not depends on it."

Sergio Diaz, who served as Riverside City's police chief from 2010 until retiring Sept. 15 of this year, declined The Desert Sun's request for an interview. Diaz replaced the previous chief, Russell Leach, who resigned in 2010 days after he was pulled over in his city-issued car by officers from his department after he left a Colton, Calif., strip club under the influence of prescription drugs and alcohol. Leach pleaded guilty to a DUI charge and had his conviction expunged in 2013.

Larry Gonzalez, who was named interim chief in September following Diaz's retirement, has also been convicted of a DUI while on the force. On Feb. 3, 2013, he was pulled over by an officer from the Riverside City Police Department. He was charged on May 16, 2013, with two misdemeanor counts of driving while under the influence. He pleaded guilty to both counts on Aug. 9 that year. He completed the Riverside County Drinking Driver Program, wore an ankle bracelet for 15 days, and successfully completed three years of probation. On Oct. 3, 2016, Gonzalez had his conviction expunged.

It's Riverside City Manager Al Zelinka's responsibility to hire the next police chief, who he hopes will be in place by January 2020. It was also his decision to name Gonzalez acting chief, which he said he deliberated "for the better part of two weeks."

"I wrestled with the DUI when I made the decision," Zelinka said. "But Larry Gonzalez has acknowledged his mistake, publicly and privately he has taken full responsibility."

Zelinka said that he spoke with Diaz and several other leaders in city government and in the community before naming Gonzalez acting chief. Zelinka said Gonzalez received fair assessments, both "positive and negative," which indicated he has persevered through the DUI incident.

While a recruiter will be hired to search for a new chief, Gonzalez is applying for the job. Zelinka said the DUI "should not disqualify him."

Three other officers with the Riverside City Police Department have been convicted of DUIs: Shadee Hunt, Katie Mendonca and Victor Schmitz. Mendonca's conviction was expunged in October 2015, Hunt's in October 2016, and Schmitz's in August 2017.

Shafer is the only employed officer who was not granted an expungement.

When asked why the department decided to fire Cash, but not Shafer, Railsback responded: "These are two different cases with different sets of facts, different investigations and different outcomes. What I can say is Sgt. Shafer is employed by the Riverside Police Department and Cash is not."

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Chris Damien covers crime, public safety and law enforcement in Riverside County. Reach him at christopher.damien@desertsun.com.