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HomeMy WebLinkAboutRe_ Public Comment - Referral of Sonny Aguilera Matter to DA by SBPD_RedactedFrom: To:PublicComments Cc:Council; Eric Levitt; Attorney Subject:Re: Public Comment - Referral of Sonny Aguilera Matter to DA by SBPD Date:Wednesday, September 16, 2026 2:58:14 PM Caution - This email originated from outside the City - Verify that the Email display name and Email address are consistent. - Use caution when opening attachments. Note: I WISH TO REMAIN ANONYMOUS. PLEASE REDACT ANY IDENTIFYING INFORMATION.*** City Council and Executive Leadership, I’m writing to request clear information regarding whether any criminal charges have been referred to the San Bernardino County District Attorney in connection with the documented sexual assaults committed by former SBPD Officer Sonny Aguilera. As you know, a federal judge found Aguilera liable for sexual battery, false imprisonment, negligence, and civil‑rights violations after multiple coercive sexual assaults in 2022. The court’s findings describe conduct that meets several California criminal statutes, including sexual battery, false imprisonment, assault under color of authority, and coercive acts involving a police‑issued firearm. Under California law and standard policing practice, SBPD leadership has a duty to report potential criminal conduct by officers to the appropriate prosecuting agency. This includes: Mandatory referral of criminal conduct under Penal Code §§ 832.5 and 832.7 Reporting abuse under color of authority under Government Code § 12525.2 Separate criminal investigation requirements for sexual assault and coercive acts by peace officers POST reporting obligations, which were ultimately fulfilled Given the severity of the conduct and the court’s findings, I am requesting confirmation of the following: 1. Whether SBPD leadership referred Aguilera’s conduct to the District Attorney for criminal review. 2. If so, the date of referral and the scope of materials provided. 3. If not, the legal basis for declining to refer conduct that meets multiple criminal statutes. 4. Whether any outside agency was asked to conduct a criminal investigation, as required when misconduct involves sexual assault or coercion under color of The public record shows civil accountability and POST decertification, but it does not show whether criminal referral occurred. Given the gravity of the findings, the community deserves clarity on whether the mandatory reporting obligations were met. Please provide a response outlining the actions taken by SBPD leadership, the City Manager’s Office, Human Resources, and the City Attorney’s Office regarding criminal referral and compliance with mandatory reporting laws. Thank you for your attention to this matter