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San Bernardino County sheriff's deputy due in court on weapons charge | mydesert.com | The Desert Sun
A San Bernardino County sheriff's deputy accused of flashing his badge and holding a gun to a tow truck driver's head while off duty is set to be arraigned Wednesday on a felony charge for bringing his duty weapon into court.
Richard Heverly, 43, faces charges of assault with a semi-automatic firearm, assault by a public officer, criminal threats and false imprisonment.
Heverly, who posted $150,000 bail in 2008, also faces additional charges for possessing a firearm in a state building last week.
Heverly appeared in court dressed in full uniform last Tuesday wearing his duty belt, weapon and carrying a black handbag, according to a declaration in support of an arrest warrant.
Under California Penal Code 171b, Heverly is not allowed to bring his weapon into court because of the pending criminal case against him, according to the declaration.
Heverly is also accused of holding a gun to Roger Gilstrap's head Aug. 10, 2008 and threatening to kill him.
Gilstrap, who was driving a tow truck that day, pulled over on Interstate 10 near Eagle Mountain and blocked the right lane of traffic when he noticed a big rig on fire, according to court documents.
Gilstrap was on his cell phone with the California Highway Patrol dispatch when Heverly pulled up in a red Dodge truck, pulled out his badge and said, "This entitles me to do whatever the (expletive) I want," according to a declaration in support of an arrest warrant.
He then allegedly said, "Deputy sheriff. Get off the expletive phone!"
Heverly grabbed the phone, pulled Gilstrap from the truck and improperly handcufffed the man's right hand, causing bruising and injury, according to the court document.
"Heverly then drove the barrel of his .380-caliber semi-automatic firearm into Gilstrap's ear, leaned in toward Gilstrap and state, 'I have a gun in your ear and I will kill you,'" the document alleges.
Heverly kept Gilstrap handcuffed until fire crews arrived on scene to put out the blaze, according to the declaration.
A San Bernardino County sheriff's deputy accused of flashing his badge and holding a gun to a tow truck driver's head while off duty is set to be arraigned Wednesday on a felony charge for bringing his duty weapon into court.
Richard Heverly, 43, faces charges of assault with a semi-automatic firearm, assault by a public officer, criminal threats and false imprisonment.
Heverly, who posted $150,000 bail in 2008, also faces additional charges for possessing a firearm in a state building last week.
Heverly appeared in court dressed in full uniform last Tuesday wearing his duty belt, weapon and carrying a black handbag, according to a declaration in support of an arrest warrant.
Under California Penal Code 171b, Heverly is not allowed to bring his weapon into court because of the pending criminal case against him, according to the declaration.
Heverly is also accused of holding a gun to Roger Gilstrap's head Aug. 10, 2008 and threatening to kill him.
Gilstrap, who was driving a tow truck that day, pulled over on Interstate 10 near Eagle Mountain and blocked the right lane of traffic when he noticed a big rig on fire, according to court documents.
Gilstrap was on his cell phone with the California Highway Patrol dispatch when Heverly pulled up in a red Dodge truck, pulled out his badge and said, "This entitles me to do whatever the (expletive) I want," according to a declaration in support of an arrest warrant.
He then allegedly said, "Deputy sheriff. Get off the expletive phone!"
Heverly grabbed the phone, pulled Gilstrap from the truck and improperly handcufffed the man's right hand, causing bruising and injury, according to the court document.
"Heverly then drove the barrel of his .380-caliber semi-automatic firearm into Gilstrap's ear, leaned in toward Gilstrap and state, 'I have a gun in your ear and I will kill you,'" the document alleges.
Heverly kept Gilstrap handcuffed until fire crews arrived on scene to put out the blaze, according to the declaration.