Saturday, September 1, 2012

DA drops charges. Montara man files claim against GGNRA


Half Moon Bay Review/Mark Noack, 8/30/12. "Taser victim seeks $500,000 from GGNRA"

"A Montara dog-walker at the center of a Taser-use controversy is seeking $500,000 from the Golden Gate National Recreation Area after being shot earlier this year by a ranger armed with an electroshock weapon.

Gary Hesterberg was zapped with a park ranger's Taser on Jan. 29, 2012, while walking his dogs along a trail at Rancho Corral de Tierra near Montara in the Golden Gate National Recreation Area. Photo: Courtesy Julia Sherwin / SF
In a federal claim filed last month, attorneys for Montara resident Gary Hesterberg made the case that the U.S. National Parks Service should pay their client for causing various injuries and violating his rights under the guise of an arrest. If National Parks officials reject the claim, Hesterberg could bring his complaints forward again in a civil lawsuit.

The case centers on a now-infamous encounter in January when Ranger Sarah Cavallaro stopped Hesterberg initially for walking a dog off-leash at the Rancho Corral de Tierra property. He complied by clipping a leash on his dog, but reportedly became argumentative after the ranger refused to let him go on his way. Hesterberg tried to walk away twice, according to witnesses. The second time he tried to leave, the ranger unholstered her Taser and warned him she would use it. He turned his back to her, and Cavallaro fired. Hesterberg reportedly collapsed to the ground, was soon arrested and taken to jail.

View of Rancho Corral de Tierra
GGNRA Rancho Corral de Tierra  property
....  Last month, officials with San Mateo County District Attorney’s office declined to prosecute Hesterberg, who was initially charged with three misdemeanors. “In light of all the circumstances, we decided that a criminal case was not the appropriate path to take,” said District Attorney Stephen Wagstaffe. “We’re confident that a jury wouldn’t convict him and this case would be better by not entering the criminal justice system."   Read Article.

Related article -  San Francisco Chronicle/Demian Bulwa, 8/28/12, "Representative Speier rips Park Service in Taser case."  Note:  The photograph of Gary Hesterberg with his dogs is taken by Julia Sherwin is from the San Francisco Chronicle.

Initial land transition to GGNRA and new "dog on leash" rules articles.  San Mateo County Times/Carina Woudenberg, 1/21/12, "Dog owners protest restrictions at parkland near Montara," includes 3 photos of the typical dog walking area of this land.  Half Moon Bay Review/Mark Noack, 1/31/12,  "Stun gun sparks dog owner outrage against GGNRA." Rancho Corral de Tierra.  Fix Pacifica reprints (3).  Pacifica Patch/Bill Bechtell, 5/10/12, "Montara dog group raising money for legal fight over GGNRA leash law changes."

GGNRA reference - GGNRA/Rancho Corral de Tierra, Montara, CA, land/space and historical description.  Peninsula Open Space Trust transfer to GGNRA video, 3.37 minutes.

Posted by Kathy Meeh

6 comments:

Anonymous said...

The minority won. The lone individual won.

When we start denying the rights of the minority, the individual, we will then know that we have lost our Country our Ancestors fought so hard for, for their future Generations. God Bless America. Don't let Tyranny win.

Anonymous said...

My cat just pissed in your garden, victory of the individual!!!!!

Anonymous said...

The guy was in the wrong. And now he wants $500K ???
I guess he can hite Oscar Grants family lawyer.

Well that's what our society has come to. Your hoodlum kid gets shot by police and you make 10 million.

Anonymous said...

Is this a great country or what? Think of it as entrepreneurship for the 21st century.

Anonymous said...

anon 1043 My dog just killed and ate your cat. Lunch!!!

Anonymous said...

many dog owners in pacifica are verbally abusive if you ask them to pick up after their dogs, the ones i have come in contact with were ALL verbally abusive , and seemed to escalate. I had to call police on several occassions to step in. Many dog owners are good to their dogs and neighbors, but I have found many dog owners have a hero syndrome, and feel if they take in an abused dog, they will get some kind of hero recognition, but once they find out they have to feed the dog, walk the dog, pay medical bills for the dog, and pick up after their dog, they are angry and abusive, and use their dogs to threaten you. And so the dog and the neighbors suffer, in this incidence it seems the police officer encountered a dog owner similar to the ones I have. Seems the officer did what he had to do, when someone escalates. These leash laws need to be enforced, and these dog owners need to be educated on dog care and respect for their neighbors before receiving any animal. And also these animal shelters they are giving dogs away should be investigated on a regular basis. No animal should have to go from one bad home to another, and no citizen or police officer should have to put up with verbal abuse or defiance.