Wednesday, January 27, 2010

Deputy Richard Heverly Charged with Bringing Weapon to Court

A San Bernardino County sheriff's deputy facing criminal charges for allegedly holding a gun to a man's head while off duty has been charged with an additional felony for allegedly bringing his service weapon to court on his trial date.

Richard Charles Heverly, 43, of La Verne arrived last week at the Larson Justice Center in Indio in full uniform, with his duty belt and service weapon, according to an arrest declaration written by the bailiff in the courtroom.

His trial date was postponed, and a new court date was set for Monday. Prior to the Monday court appearance, prosecutors filed criminal charges against Heverly for unlawful possession of a weapon in a public building.

When Heverly returned to the court, he was arrested on the gun charges. He was released from custody after posting $20,000 bail.

Heverly appeared in court on Wednesday to be arraigned on the new charge, but the hearing was postponed to Feb. 9. A jury trial in Heverly's prior case is also set for that date.

Heverly remains employed by the Sheriff's Department and is assigned to work at West Valley Detention Center in Rancho Cucamonga, sheriff's spokeswoman Arden Wiltshire said.

"He is not on any type of paid administrative leave or anything like that," Wiltshire said.

In August 2008, Heverly was arrested by California Highway Patrol officers after he allegedly held a gun to a tow truck driver's head and threatened to kill him in an apparent off-duty road rage incident.

Prosecutors have charged Heverly with four felonies for his role in the incident, which occurred on the 10 Freeway about 50 miles east of Indio.

One of the officers who arrested Heverly testified in a preliminary hearing last year that Heverly claimed he felt threatened by the tow truck driver and said he was acting in self-defense.

Law enforcement officers are allowed to carry weapons in courthouses and other public buildings if they are there carrying out their official duties. Heverly allegedly violated the law because he was armed during an appearance in a case where he was the defendant.

Heverly and his attorney did not return calls seeking comment Wednesday.

No comments: