A San Bernardino County sheriff's deputy facing criminal charges for allegedly holding a gun to a man's head while off duty has returned to work at West Valley Detention Center in Rancho Cucamonga.
Richard Heverly, 42, of La Verne was placed on paid administrative leave following his Aug. 10 arrest in Riverside County.
He returned to work on Nov.4 at the jail's transportation division, sheriff's spokeswoman Cindy Beavers said.
Beavers declined to discuss the reason Heverly was allowed back to work at West Valley Detention Center.
An attorney for Heverly said there's much more to the case than the probable cause information.
The charges against Heverly stem from an Aug. 10 incident that started about 6:30 p.m. when tow truck driver Roger Gilstrap saw a tractor-trailer on fire on the 10 Freeway near Eagle Mountain Road, about 50 miles east of Indio.
According to the arrest declaration in Heverly's court file, Gilstrap positioned his truck to block off lanes affected by the burning truck. He called the California Highway Patrol from his cell phone.
WWhile Gilstrap was on the phone with the CHP, Heverly pulled his Dodge truck beside Gilstrap's vehicle.
Heverly flashed his Sheriff's Department badge and told Gilstrap, "This entitles me to do whatever the (expletive) I want," according to the arrest declaration, which was written by a CHP officer.
Heverly grabbed Gilstrap's cell phone and disconnectedthe call, and then pulled Gilstrap out of the tow truck and handcuffed his right hand. That bruised and injured Gilstrap's wrist, according to the arrest declaration.
Heverly then drove the barrel of a handgun into Gilstrap's ear, and told him, "I have a gun in your ear, and I will kill you," according to the arrest declaration.
Heverly twisted the gun into Gilstrap's ear, which bruised and cut the inside of Gilstrap's ear and the surrounding area, according to the arrest declaration.
Heverly then handcuffed Gilstrap's arms behind his back and led him to the passenger side of the truck.
He held Gilstrap for three to five minutes, according to the arrest declaration.
Heverly never told Gilstrap the reason for handcuffing him, according to the arrest declaration.
Gilstrap told officers he feared for his life during the encounter.
Heverly has pleaded not guilty to four felony charges, which are assault with a semi-automatic firearm, assault by a public officer, criminal threats and false imprisonment.
The charges carry sentencing enhancements because verly used a gun.
Sheriff's spokeswoman Beavers said details concerning the reason Heverly was allowed to return to work "are never disclosed because we are not at liberty to discuss any of the findings in an administrative investigation."
Beavers said the decision to place a deputy on administrative leave is made on a case-by-case basis.
"When it is contrary to the best interests of the department for an employee to continue his regular duties, he may be assigned to special duty leave with pay at the discretion of the office of the sheriff," Beavers said.
Beavers said she wasn't aware of any restrictions placed on Heverly while he is off duty, such as restrictions on his permission to carry a gun.
Michael Schwartz, Heverly's Santa Monica-based attorney, said, "There's much more to this case than the probable cause declaration."
He declined to comment on the specific allegations against Heverly.
Schwartz also represented Ivory Webb, a former sheriff's deputy who was acquitted of criminal charges filed after he shot off-duty Air Force Airman Elio Carrion in 2006 in Chino.
Heverly is scheduled to appear Dec. 23 in Indio Superior Court for a felony settlement conference.
A preliminary hearing in the case is scheduled for Jan. 6.